Terms & Conditions
Last updated on Feb 20, 2023PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern STACKCANYON TECHNOLOGIES LLP's relationship with you in relation to this website.
1. Overview
This Terms of Service Agreement ("Agreement") is entered into by
and between STACKCANYON TECHNOLOGIES LLP, registered address HSR Layout,
Bengaluru, Karnataka 560102, India ("Company") and you, and is made effective as of the
date of your use of this website https://foodomaa.com ("Site") or the date of electronic
acceptance.
This Agreement sets forth the general terms and conditions of your use of
the https://foodomaa.com as well as the products and/or services purchased or accessed through
this Site (the "Services").Whether you are simply browsing or using this Site or purchase
Services, your use of this Site and your electronic acceptance of this Agreement signifies that you
have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The
terms "we", "us" or "our" shall refer to Company. The terms
"you", "your", "User" or "customer" shall refer to any
individual or entity who accepts this Agreement, uses our Site, has access or uses the Services.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are incorporated herein, at any time, and such
changes or modifications shall be effective immediately upon posting to this Site. Your use of this
Site or the Services after such changes or modifications have been made shall constitute your
acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT
USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. Eligibility
This Site and the Services are available only to Users who can form legally
binding contracts under applicable law. By using this Site or the Services, you represent and
warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being
able to form legally binding contracts under applicable law, and (iii) are not a person barred from
purchasing or receiving the Services found under the laws of the India or other applicable
jurisdiction.
If you are entering into this Agreement on behalf of a company or any
corporate entity, you represent and warrant that you have the legal authority to bind such corporate
entity to the terms and conditions contained in this Agreement, in which case the terms
"you", "your", "User" or "customer" shall refer to such
corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do
not have the legal authority to bind such corporate entity, you will be personally responsible for
the obligations contained in this Agreement.
3. Rules of user conduct
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub.io,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. Intellectual Property
In addition to the general rules above, the provisions in this Section
apply specifically to your use of Companies Content posted to Site. Companies Content on this Site,
including without limitation the text, software, scripts, source code, API, graphics, photos,
sounds, music, videos and interactive features and the trademarks, service marks and logos contained
therein ("Companies Content"), are owned by or licensed to STACKCANYON TECHNOLOGIES LLP in
perpetuity, and are subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is", "as
available" and "with all faults" for your information and personal, non-commercial
use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express
prior written consent of Company. No right or license under any copyright, trademark, patent, or
other proprietary right or license is granted by this Agreement.
5. Links to third-party websites
This Site may contain links to third-party websites that are not owned or
controlled by Company. Company assumes no responsibility for the content, terms and conditions,
privacy policies, or practices of any third-party websites. In addition, Company does not censor or
edit the content of any third-party websites. By using this Site you expressly release Company from
any and all liability arising from your use of any third-party website. Accordingly, Company
encourages you to be aware when you leave this Site and to review the terms and conditions, privacy
policies, and other governing documents of each other website that you may visit.
6. Disclaimer of representations and warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE
AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND
"WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE
SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND
THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A
WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
7. Limitation of liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES
THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE
WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF
SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE,
HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS
SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of
action arising out of or related to this Site or the Services found at this Site must be commenced
within one (1) year after the cause of action accrues, otherwise such cause of action shall be
permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
8. Indemnity
You agree to protect, defend, indemnify and hold harmless Company and its
officers, directors, employees, agents from and against any and all claims, demands, costs,
expenses, losses, liabilities and damages of every kind and nature (including, without limitation,
reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from
(i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or
the policies or agreements which are incorporated herein; and/or (iii) your violation of any
third-party right, including without limitation any intellectual property or other proprietary
right. The indemnification obligations under this section shall survive any termination or
expiration of this Agreement or your use of this Site or the Services found at this Site.
9. Data transfer
If you are visiting this Site from a country other than the country in
which our servers are located, your communications with us may result in the transfer of information
across international boundaries. By visiting this Site and communicating electronically with us, you
consent to such transfers.
10. Availability of website
Subject to the terms and conditions of this Agreement and our policies, we
shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You
acknowledge and agree that from time to time this Site may be inaccessible for any reason including,
but not limited to, periodic maintenance, repairs or replacements that we undertake from time to
time, or other causes beyond our control including, but not limited to, interruption or failure of
telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of
this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any
other party with regard thereto.
11. Discontinued services
Company reserves the right to cease offering or providing any of the
Services at any time, for any or no reason, and without prior notice. Although Company makes great
effort to maximize the lifespan of all its Services, there are times when a Service we offer will be
discontinued. If that is the case, that product or service will no longer be supported by Company.
Company will not be liable to you or any third party for any modification, suspension, or
discontinuance of any of the Services we may offer or facilitate access to.
12. Fees and payments
You acknowledge and agree that your payment will be charged and processed
by STACKCANYON TECHNOLOGIES LLP.
You agree to pay any and all prices and fees due for Services purchased or
obtained at this Site at the time you order the Services.
Company expressly reserves the right to change or modify its prices and
fees at any time, and such changes or modifications shall be posted online at this Site and
effective immediately without need for further notice to you.
All purchases made on the Foodomaa platform are final and non-refundable. Once a payment has been
processed, it cannot be reversed or refunded under any circumstances. This includes fees for
subscription plans, add-ons, and any other products or services offered by Foodomaa. It is the
responsibility of the customer to ensure that they are satisfied with their purchase before making
payment. If there are any issues with the product or service purchased, the customer should contact
Foodomaa's support team for assistance in resolving the issue.
By integrating Razorpay as your payment gateway on Foodomaa, you acknowledge and consent to the
linking of your Razorpay Merchant ID (MID) with our Razorpay partner account managed by Stackcanyon
Technologies LLP. This linkage aims to facilitate enhanced support and potential benefits under the
partnership framework agreed with Razorpay.
13. No third-party beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights
or benefits.
14. Compliance with local laws
Company makes no representation or warranty that the content available on
this Site are appropriate in every country or jurisdiction, and access to this Site from countries
or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site
are responsible for compliance with all local laws, rules and regulations.
15. Governing law
This Agreement and any dispute or claim arising out of or in connection
with it or its subject matter or formation shall be governed by and construed in accordance with the
laws of India, Karnataka, to the exclusion of conflict of law rules.
16. Dispute resolution
Any controversy or claim arising out of or relating to these Terms of
Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on
an individual basis, and must not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration must be conducted in India, Karnataka, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
17. Titles and Headings
The titles and headings of this Agreement are for convenience and ease of
reference only and shall not be utilized in any way to construe or interpret the agreement of the
parties as otherwise set forth herein.
18. Severability
Each covenant and agreement in this Agreement shall be construed for
all
purposes to be a separate and independent covenant or agreement. If a court of competent
jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal,
invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of
this
Agreement shall not be affected thereby and shall be found to be valid and enforceable to the
fullest extent permitted by law.
19. Contact information
If you have any questions about this Agreement, please contact us by
email
or regular mail at the following address:
STACKCANYON TECHNOLOGIES LLP
Bangalore, India