Terms Conditions

Introduction

• These Terms of Service (“Terms”) are intended to make You aware of Your legal rights and responsibilities with respect to Your access to and use of the Marketing Hub application (“Marketing Hub”, “App” or “Marketing Hub App” which terms shall mean any related mobile or desktop or website based software applications whether existing now or in the future) provided by Prayosha Food Services Private Limited (“Petpooja” or “We” or “Us”, and the term “Our” shall be construed accordingly).

• By downloading or otherwise accessing Marketing Hub You acknowledge to have understood and thereby agree to be bound by the following Terms and the privacy policy on Marketing Hub, post signing up. If You have any queries about the App or these Terms, You can contact Us by any of the means set out under these Terms and per the details provided under the ‘General’ Clause. If You do not agree with these Terms, You should stop accessing/using the App immediately.

• Please read these Terms carefully before using the App. By using the App, and/or by registering with us, You signify that You have read and understood the Terms and agree to these Terms, including that you consent to the terms contained in the Privacy Policy provided herein https://tvito.com/privacy-policy. These Terms constitute a binding, legal agreement between You and Us. In order to use the App and avail of the Services, You must agree to these Terms.

• These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. We shall on a best effort basis notify You of the changes to the Terms, however it is Your obligation to be aware of the changes to these Terms. Continued use of the App and the connected Services after any such changes shall constitute Your consent to such changes.

• This document is an electronic record in terms of the information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures

Definitions

• “Services” will include the customizable templates available on the App for enabling You to better market and communicate Your business offerings.

• “Content” means the content that Marketing Hub 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, functionalities, 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. It will include (but is not limited to) audio, video, and other forms of information or data.

• “You” or “Your” wherever the context so requires, shall mean any natural or legal person who accesses, uses and registers on the App.

• “Your Content” or “User 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, customer information, information on number of tables, table availability, table usage and any other materials that You display or are displayed in Your account.

General Rules Relating to Conduct

• By accessing and using App, You represent and warrant that:

• You are at least 18 years old;
• You have the lawful authority and capacity to contract and be bound by these Terms; and
• If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity.

• The App is made available for Your own, personal use. 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 for transmission of any content that is unlawful, defamatory, abusive, vulgar, pornographic, obscene or in any manner objectionable and inconsistent with these Terms.

• When You use the App You must comply with all applicable laws of your jurisdiction and with any applicable international laws (together referred to as “Applicable Laws”).

• You agree to provide true, accurate and complete information about Yourself and/or Your organization during signing up and keep the said information up-to-date.

• You agree that when using the App You will comply with all Applicable Laws and these Terms. In particular, but without limitation, You agree not to:

1. Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
2. Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
3. Modify, alter, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
4. Use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect any information from the App or otherwise without authorization use or upload any content; or create new links, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools.

• You agree to indemnify Petpooja and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of Your use of the App otherwise than in accordance with these Terms or Applicable Laws.

• You hereby agreeing, acknowledging and giving your consent to opt-in to receive future messages/ communications over WhatsApp from Prayosha Food Services Private Limited (including its affiliates, subsidiaries, sister concerns, contractors and any third party associated with Prayosha Food Services Private Limited) (Marketing Hub, Petpooja etc.).

Use of the App

• No part of the App may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, web site or other medium for publication or distribution or for any purpose whatsoever, without Marketing Hub’s express prior written consent.

• You shall not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App, to obtain or attempt to obtain any materials, documents or information or content through any means not purposely made available through the App. We reserve the right to bar any such activity.

• You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to PetpPooja’s server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.

• You may not reverse look-up, trace or seek to trace any information of any other user of or visitor to the App, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.

• In order to provide You with the optimal use of the Service, We will require You to grant us access to your device’s storage, phone, location and notification (in case of an iOS device, Android OS devices and Windows enabled devices (including access through a web browser)).

• As per Fair Usage Criteria (FUC), “Unlimited” means access to a maximum of 750 Graphics / Images.

• Provided, however, in the event of You reaching the Fair Usage Limit, you may write to Us at support.mhub@petpooja.com, with valid reasons for granting an appropriate waiver on the Fair Usage Limit. However, please note that by agreeing to these Terms, You agree that such waiver shall be at Our sole discretion.

Intellectual Property Rights And Content

• We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own all copyrights, rights in databases, moral rights, trademarks, service marks, logos, trade names, trade dress, the good will associated therewith, and other intellectual and proprietary rights associated with the Services and Content including any edits made by you to the Content. All rights are reserved.

• You are not entitled to reproduce or resell the Content or in any manner compete with Marketing Hub. The User shall not be entitled to bulk export data or Content from the Marketing Hub App. It is agreed and understood that breach of any of the Terms shall entitle Marketing Hub to suspend Your access to the Marketing Hub App and We reserve the right to block the Services without refund and pursue all necessary legal actions against You.  

• We do not claim any credit for any images used or uploaded or modified on the App, including but not limited to any derivative thereof or any image or photo used or uploaded by You in Your Content. Images used in such manner shall remain the copyright of their respective owners, and We shall not be liable for any damage caused pursuant to infringement of such copyrights.

• In the event You find that there has been any infringement of third-party rights on the App, You are encouraged to report such infringement to Us by writing to support.mhub@petpooja.com,

• We hereby reserve the right to remove any Content that We find to be in infringement of third-party rights from the App with no prior notice, and take such other actions to prevent further misuse as We may deem fit in Our sole discretion.

• 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 owned by Us and such others.

• To the fullest extent permitted by Applicable Laws, 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 third party’s copyright, trademark, or other contractual, intellectual, statutory, or common law right.

• You further acknowledge that the Services may contain information which is designated as confidential by Marketing Hub and that You shall not disclose such information without Marketing Hub’s prior written consent.

• 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, Our Content or Our Intellectual Property Rights.

• By submitting Your Content, You hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, and royalty-free right to use Your Content for any purpose including, but not limited to, in any media and/or publicity existing now or in future. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Us, by any third party services and Our and their users.

• You are responsible for Your Content. You represent and warrant that

1. Your Content was not submitted via the use of any automated process such as a script bot;
2. Use of Your Content by Us, third party services, and Our and their third party users will not violate or infringe any rights conferred upon You or any third party; and
3. Your Content does not violate the Terms or any Applicable Laws.

• 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.

• Please note that Your use of third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.

• Third party content does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.

• We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. 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. 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 Marketing Hub 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.

• We assume no responsibility or liability for any of Your Content or any third-party content.

• You further acknowledge and agree that Marketing Hub 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 web sites 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.

• You acknowledge that from time to time, We may apply upgrades (hereinafter defined) to the Site or the App, and that such upgrades may result in changes the appearance and/or functionality of the Site or the App. You may be required to install certain upgrades or updates to the software in order to continue to access or use Site or the App, or portions thereof. “Upgrades” means new versions of, and updates to Site or the App whether for the purpose of fixing an error, bug or other issue in any Site or the App or enhancing the functionality of Site or the App.

Fees

• Marketing Hub reserves all rights relating to levying a fee for the use of the Marketing Hub App, Services and Content with prior intimating to the Users.

• You shall be provided with a username and password during signing up, and You shall be solely responsible for maintaining the confidentiality of Your credentials.

• You shall also be solely liable for all activities conducted through Your account and in the event You suspect any unauthorized use of Your account, the same needs to be immediately notified to Us in writing.

• We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

• By creating an account on the App, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

• ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES, MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF SERVICE, YOU CONSENT TO ANY SUCH MONITORING. SIMILARLY, ALL MESSAGES TRANSMITTED THROUGH MESSAGING PLATFORM ARE SAVED AND BECOME PART OF YOUR ACCOUNT DATA.

Marketing Hub Privacy Policy

We take Your privacy very seriously. Marketing Hub will only use Your personal information in accordance with the terms of our privacy policy. By using the App You acknowledge and agree that You have read and accept the terms of our privacy policy and these Terms, and that You have all applicable consents and approvals from any relevant parties to share any such data and information with Marketing Hub. Disclaimer / Liability

• USE OF THE APP IS AT YOUR OWN RISK. THE APP AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) Marketing Hub DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, AS BETWEEN Marketing Hub AND YOU, ARE HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

• Marketing Hub will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:

1. economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
2. loss of goodwill or reputation; or
3. special or indirect or consequential loss.

• Marketing Hub does not guarantee uninterrupted and risk-free Services. We disclaim any and all warranties not expressly laid out in these Terms.

• Marketing Hub shall not be liable for any delay and/or failure to offer Services and/or for performance of any of its obligations under these Terms if such delay or failure in performance occurs due to a Force Majeure event that is beyond the reasonable control of Marketing Hub.

• IF Marketing Hub IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, SUCH LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO A MAXIMUM AMOUNT OF THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS.

• You further acknowledge that We do not control the transfer of data over communications facilities, including the internet, and that the Site or App may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of Site or App that arise from the Your content or third party content.
• You give consent to Prayosha Food Services Private Limited ("Company") and its affiliates and subsidiaries to send messages (including text, image, video, audio, GIFs etc.) over WhatsApp. You understand that such messages will be related to payment, features, updates, new products/services, activities, or any such things that Company is taking up or will take up in future.

• We do not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.

Indemnity

• By accepting these Terms and using the Site or App, You agree that You shall defend, indemnify and hold Marketing Hub, its directors, shareholders, officers and other representatives  harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Your violation or breach of these Terms or any applicable law or regulation; (ii) Your violation of any rights of any third party, (iii) Your use or misuse of Site or App or Service; or (iv )any and all third-party claims based upon the content of any communications transmitted by You.

• Service Suspension: Marketing Hub reserves the right to suspend or cease providing any Services on the App, with or without notice, and shall have no liability or responsibility to You in any manner whatsoever if it chooses to do so.

User Account Suspension/Termination

• We reserve the right to suspend and/or terminate or disable Your user account in the event of any reasonable belief that You have violated the Terms and/or the Applicable Laws, suspected illegal activity, requests by law enforcement or other government agencies. We shall also terminate Your user account on Your request.

• We further reserve the right to delete all information and contents related to Your account on termination of the account. Upon termination of your right to use our Services or App, all licenses and other rights granted to you by these Terms will immediately terminate.

Deletion of Account

• You may delete Your account with Marketing Hub by writing to Us at support.mhub@petpooja.com (“Deletion Request”).

• Immediate deletion is not possible due to technical limitations and Your account along with all Your associated data will be deleted within 30 (thirty) working days of making a Deletion Request, subject to there being no requirement to:

1. Investigate or identify illegal activity or breaches of our Terms (for example, to identify or investigate misuse of the Services and/or Content);
2. comply with a legal obligation, such as the preservation of evidence; or
3. comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, Your account and data will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

Advertisers In The App

• We accept no responsibility for advertisements contained on and within the App. If You agree to purchase goods and/or services from any third party who advertises on the App, You do so at Your own risk. Marketing Hub, is not responsible for such goods and/or services offered by the advertisers and if You have any queries or complaints in relation to the same, Your only recourse is against the advertiser.

General

• These Terms (as amended from time to time) constitute the entire agreement between You and Marketing Hub concerning Your use of the App.

• Marketing Hub reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the updated Terms shall be available through a link in the App, redirected to this page. You are responsible for regularly reviewing these Terms so that You are aware of any changes to them and You will be bound by the new policy upon Your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Marketing Hub.

• We will send You information relating to Your account (including payment authorizations, invoices, changes in credentials or registered payment method, confirmation messages, notices, App software updates, festival updates, statutory updates, etc.) in electronic form only, including to the phone number and/or email used to register Your account, and/or through in-App and/or other push notifications.

• These Terms shall be governed by and construed in accordance with Indian laws and You agree to submit to the jurisdiction of the Ahmedabad, Gujarat, India. Each party hereto consents to the jurisdiction of such courts with regard to matters arising in connection with this Agreement and waives any claim it has that such a forum is inconvenient. Notwithstanding this clause, nothing in these Terms will prevent Marketing Hub from seeking injunctive relief in any relevant jurisdiction.

• If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

• Marketing Hub’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Marketing Hub in writing.

I/We have read the terms and conditions stated above and hereby agree to the same.

We encourage you to contact us at support.mhub@petpooja.com if you have any questions concerning our Terms.

Last Revised: 9th April , 2022