Please read this terms and conditions (the “Terms”) that govern your access to and use of Relishious mobile applications, website and other digital assets (“Assets”). By accessing or using the Assets, you are agreeing to these Terms and concluding a legally binding contract with Relishious part of Hibrise Technologies Private Limited, company based in Chennai, India (“Relishious”).
Your use of the Assets is at your own risk, including the risk that exposure of Content that may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You may not use the Assets if you do not accept the Terms or unable to be bound by the Terms.
“You” and “your” refer to you, as a user of the Assets. A “user” is someone who downloads, accesses, browses, crawls, scrapes, or in any way uses the Assets. “We,” “us,” and “our” refer to Relishious.
“Content” means images, photos, audio, video, text, nearby places, preferences, location data, and all other forms of data or communication. “User Content” or “Your Content” means Content that you submit or transmit to, through, or in connection with the Assets, such as comments, curation, ratings, reviews, complaints, compliments, invitations, check-ins, messages, and information that you publicly display or displayed anywhere in the Assets including your account profile. “Our Content” means Content that we curate, create and make available via the Assets. “Third Party Content” means Content that comes from parties other than Relishious or its users, which is made available in connection with the Assets.
The English version governs your relationship with Relishious. Any inconsistencies that may exist among the different versions, if applicable, will be resolved in favor of the English version.
3. CHANGES TO THE TERMS
The Terms may be modified from time to time. You understand and agree that your access to or use of the Assets is governed by the Terms effective at the time of your access to or use of the Assets. Access to or use of the Assets, after the effective date of modifications, is deemed as your acceptance to the modified Terms.
4. USING THE ASSETS
You must be 18 years or older and fully competent to enter into these Terms of Services and related obligations. The right to access or use the Assets is void, if you are a competitor of ours or if we have previously banned you from using the Assets.
You may need to create an account and provide certain personal information in order to use some of the features that are offered in the Assets. Your account is for your personal, non-commercial use only. Impersonating someone else (e.g., adopt the identity of a public figures, celebrity or your friends, family member or a neighbor), creating or using an account for a person other than yourself, or creating multiple accounts or using someone else’s social media or email ids is not permitted.
You only are responsible for providing accurate information and maintaining the confidentiality of your account details including password. You also assume responsibly for all activities that occur in connection with your account. You agree to notify Relishious immediately of any breach or unauthorized use of your account. The right to close or suspend your account at any time for any or no reason is vested with Relishious.
Availability of Service
The Assets may be redesigned, updated, modified, interrupted, discontinued or suspended at any time without notice or liability.
Relishious Content and Proprietary Rights
Relishious is the sole and exclusive copyright owners of the Assets and our Content. In addition to the Content defined earlier, Relishious owns the copyrights, service marks, trademarks, trade names, logos and other intellectual proprietary rights. You acknowledge that the Assets contain original works and have been created, developed, curated, compiled, and arranged by Relishious and associates through the application of processes and methods that are time intensive, causes significant monetary expenditure and form valuable intellectual property of us and our associates. Sharing or disclosing any of Relishious Content is prohibited.
Unless you have written agreement with Relishious, nothing in the Terms prohibits you the use of Relishious content, logos, trademarks, service marks, logos, quotes, domain names, and other distinctive features.
Responsibility for Your Content
You alone are responsible for Your Content. Once published, the Content cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, quality, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you may not imply that Your Content is in any way sponsored or endorsed by Relishious. It is considered that on your own, have the necessary permissions to use and authorize the use of Your Content.
You understand that you may expose yourself to liability if, for example, Your Content contains material that is intentionally misleading, falsified or defamatory; violates any third-party right, including any copyright, trademark, trade secret, patent, privacy right, right of publicity, moral right, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Your Content Ownership
As between you and Relishious, you own Your Content. We own the Relishious Content, including but not limited to all elements of the Asset including visual interfaces, interactive features, graphics design, code, including, but not limited to, User Content and other Assets such as computer code, products, software, aggregate user review ratings, and all other elements and components of the Assets excluding Your Content, User Content and Third Party Content.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including using in the Assets, public display, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with media platforms. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Assets and the right to access Your Content in connection with their use of the Assets. Finally, you irrevocably waive, and cause to be waived, against Relishious and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Relishious and its associates may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Relishious reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
We are under no obligation to enforce the Terms on your behalf against another user. While you may let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
To the fullest extent permitted by applicable law, Relishious neither warrant nor represent that your use of materials displayed on the Assets will not infringe rights of third parties not owned by or associated with Relishious. You agree to immediately notify us upon becoming aware of any claim that the Assets infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
A. You agree not to, and will not assist, encourage, or enable others to use the Assets to:
i. Write a fake or defamatory post, comments, review, or compensating someone or being compensated to write or remove a review;
ii. Promote commercial venture or event, or a business, or otherwise use the Assets for commercial purposes, except as expressly permitted by Relishious;
iii. Forward bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Assets’ search results or any other assets;
iv. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
v. Threaten, harm, stalk, or harass others, or promote bigotry or discrimination by race, religion, gender, or other means;
vi. Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Violate the Terms;
ii. Reverse engineer or modify any portion of the Assets for any purpose including personal, education purposes;
iii. Modify, adapt, manipulate, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, barter, trade, or in any way exploit the Assets or Content (other than Your Content), except as expressly authorized by Relishious;
iv. Access, retrieve or index any portion of the Assets for purposes of constructing or populating a searchable database of business reviews or other applications;
v. Automated skimming or use any bots, spider, site search/retrieval application, or other automated devices, processes or means to access, retrieve, scrape, or index any portion of the Assets or any Content;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Relishious’ technology infrastructure or otherwise make excessive traffic demands of the Assets;
vii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Assets or on any materials printed or copied from the Assets;
viii. Record, solicit, process, or mine information about other users;
ix. Reformat or frame any portion of the Assets;
x. Attempt to gain unauthorized access to the Assets, user accounts, computer systems or networks connected to the Assets through hacking, password mining or any other means;
xi. Use the Assets or any Assets Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
xii. Use any device, software or routine that interferes with the proper working of the Assets, or otherwise attempt to interfere with the proper working of the Assets;
xiii. Use the Assets to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Assets or Assets Content; or
xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Assets, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Assets.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE RELISHIOUS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL COUNCEL PRIOR TO ACCESSING OR USING THE ASSETS.
BY ACCESSING OR USING THE ASSETS, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE RELISHIOUS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE ASSETS OR THE ASSETS’ USERS. ACCORDINGLY, THE RELISHIOUS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE ASSETS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE ASSETS IS AT YOUR OWN DISCRETION AND RISK.
B. THE ASSETS IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE RELISHIOUS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE ASSETS IS AT YOUR OWN DISCRETION AND RISK. THE RELISHIOUS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE ASSETS, ITS SAFETY OR SECURITY, OR THE ASSETS CONTENT. ACCORDINGLY, THE RELISHIOUS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE ASSETS’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE ASSETS.
C. THE RELISHIOUSENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE ASSETS, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE RELISHIOUS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE ASSETS, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE ASSETS.
E. THE RELISHIOUS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE ASSETS OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE RELISHIOUS ENTITIES IN CONNECTION WITH THE ASSETS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) INR 500.
THE RELISHIOUS ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
All the Terms, as well as any claim, cause of action or dispute that might arise between you and Relishious (a “Claim”), without regard to conflict of law provisions would fall under jurisdiction of Chennai, India. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE DISTRICT AND HIGH COURTS LOCATED WITHIN CHENNAI, INDIA.
A. You may terminate the Terms at any time by closing your account, discontinuing your use of the Assets, and providing Relishious with a notice of termination via email in the Assets.
B. We may close your account, suspend your ability to use certain portions of the Assets, and/or ban you altogether from the Assets for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Assets, Your Content, Assets Content, or any other related information.
10. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Assets at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Assets.
C. The Terms contain the entire agreement between you and us regarding the use of the Assets, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
D. Any failure on Relishious’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
F. The Terms, and any rights or obligations hereunder, are not assignable, transferable by you except with Relishious’ prior written consent, but may be assigned or transferred by us without restriction.
G. The section titles in the Terms are for convenience only and have no legal or contractual effect.