2. The Website is operated and owned by FOODHERO TECH PRIVATE LIMITED (hereinafter referred to as “NEXTA”, “we”, “us” or “our”), a company registered in Mumbai, India.
Your use of the product as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the product, or in any other manner inconsistent with these Terms of Service;
You will not duplicate, transfer, give access to, copy or distribute any part of the product in any medium without NEXTA’s prior written authorization;
You will not attempt to reverse engineer, alter or modify any part of the product; and
4. How the Website works
4.1 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Partners or Merchants or the related service provided in connection thereof.
4.2 Our responsibilities are limited to: (i) providing the ability to get rewards from our Partners. (ii) Redeeming these rewards to get a deal at a Merchant.
5. Account Registration or use of the Website
5.1 You may access the Website by signing in as a guest; an account is created for you as soon as you enter your mobile number while redeeming a reward.
5.2 We will create your NEXTA Account for your use of the Website based upon the personal information you provide to us.
5.3 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
5.4 We reserve the right to suspend or terminate your NEXTA Account and your access to the Website if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
5.5 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your NEXTA Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your NEXTA Account.
6.1 Getting Rewards
(a) If a Partner at that point of time is a part of the NEXTA campaign, you will receive a physical or digital token on campaign specific conditions.
(b) Neither we nor the Partner is any way responsible in case a reward is not given to you.
(c) This reward is not the actual deal, discount or gratification you will receive.
6.2 Activating a Reward
(a) You need to visit our website to choose a merchant for which you would get a deal, discount or gratification by using the reward code.
(b) You will need to validate your mobile number to get access to your deal.
(c) If you have entered the wrong mobile number, we reserve the right to cancel your deal.
(d) At the end of this transaction, you will receive a unique code with limited validity to be redeemed at the merchant you choose in the earlier steps.
6.3 Redeeming a deal
(a) In order to redeem your selected deal, you will have to visit that particular Merchant at the outlet or website selected.
(b) You have to mention that you have a deal, discount, gratification from NEXTA at the start and also before billing and give the unique redemption code to the staff.
(c) All Merchants reserve the right to not fulfil the deal for any reason whatsoever
7. Terms of Service
7.1 You agree and acknowledge that we shall not be responsible for:
(a) The Service or goods provided by the Partner or Merchant.
(b) The Partner or Merchant services or goods not being up to your expectations or leading to any loss, harm or damage to you.
(c) The availability or unavailability of certain items or services.
(d) The Merchant serving the incorrect orders
7.2 Services provided:
(a) Each activation on the Website shall contain necessary instructions to redeem the Product. The terms of the Website shall be governed by these Terms of Service and any other terms as set out in such document. You shall not be entitled to receive any credit, refund or cash back if you fail to redeem the Product within the expiry date or in accordance with the terms therein.
(b) You agree and acknowledge that neither we, the Partner nor the merchant shall be liable in the event of you failing to adhere to the Terms of Service.
7.3 We constantly strive to provide you with accurate information on the Website. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
7.4 If you use the Website, you do the same at your own risk.
7.5 NEXTA is simply a lifestyle collaborative platform. NEXTA does not take any responsibility for service or product deficiency of businesses that are on NEXTA.
8. No Endorsement
8.1 We do not endorse any Partner or Merchant. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
8.2 By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
9. Basic terms of service
9.2 If you choose to use the Website, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Service.
9.3 You understand and agree that the use of the Website does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
9.4 You agree to receive promotional SMSes from NEXTA or NEXTA Partners.
9.5 By using the Website you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Website shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(iv) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website.
(v) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(vi) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(vii) You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(viii) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(ix) You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts:
(a) Any part of the Website or the Website software; or
(b) Any equipment or any network on which the Website is stored or any equipment of any Third Party.
(x) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the website in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using the website, and you are forbidden from ripping the content unless specifically allowed.
10. Access to the Website, Accuracy and security
10.1 We endeavour to make the Website available to during Partner working hours. However, we do not represent that access to the Website will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
10.2 We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
10.3 We reserve the right to suspend or withdraw access to the Website to you personally, or to all users temporarily or permanently at any time without notice.
11. Relationship with operators if the Website is accessed on mobile devices
11.1 In the event the Website is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
11.2 Your download, installation, access to or use of the Website is also bound by the terms and conditions of the Operator.
11.3 You and we acknowledge that these Terms of Service are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Website and the content thereof to the extent specified in these Terms of Service.
11.4 The license granted to you for the Website is limited to a non-transferable license to use the Website on a mobile device that you own or control and as permitted by these Terms of Service.
11.5 We are solely responsible for providing any maintenance and support Website with respect to the Website as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support Website with respect to the Website.
11.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Website or your possession and/or use of the Website, including, but not limited to: (i) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
11.7 You and we acknowledge that, in the event of any Third Party claim that the Website or your possession and use of the Website infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
11.8 You must comply with any Applicable Third Party terms of agreement when using the Website (e.g. you must ensure that your use of the Website is not in violation of your mobile device agreement or any wireless data Website agreement).
11.9 You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a Third Party beneficiary thereof.
12.1 The website may be under constant upgrades, and some functions and features may not be fully operational.
12.2 Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the website or delay or errors in functionality of the website. As a result, we do not represent that the information posted is correct in every case.
12.3 We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
12.4 You acknowledge that third party websites are available on the website. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain website to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s website nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / Partner website.
12.5 While the materials provided on the website were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any website offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
12.6 The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
12.7 We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the website. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
12.8 In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any website provided by any third party or partner accessed through the website, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
13. Intellectual property
13.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You may not print or download extracts, of any page(s) from the Website for your personal reference and draw the attention of others within or outside your organisation to material available on the Website.
13.3 You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us or our licensors.
13.4 If you print off, copy or download any part of the Website in breach of these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made and may be, at our option, open to legal action.
14. Treatment of information provided by you
14.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us on the Website for the purpose of use on the Website or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our Website. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
15. Third Party Content
15.1 We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
18. Governing law and dispute resolution
These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Mumbai, India.