Thank you for using Tonguestun. 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 Tonguestun website at www.tonguestun.com (the "Site") and any related mobile or software applications ("Tonguestun 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 Tonguestun users.
Please read these Terms carefully. By accessing or using the Tonguestun Platform, you are agreeing to these Terms and concluding a legally binding contract with Tonguestun Media Pvt. Ltd. and/or its affiliates or, if you are in the United States, with Tonguestun USA, LLC and/or its affiliates (hereinafter collectively referred to as "Tonguestun"). 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 Tonguestun 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:
"User" or "You" or "Your" refers to you, as a user of the Services. A user 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 'Caterer listing 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 "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, profile information, and any other materials that you publicly display or displayed in your account profile. "Tonguestun Content" means content that Tonguestun 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 Tonguestun or its users and is available on the Services.
"Caterer" means the businesses listed on Tonguestun and any related mobile or software applications of Tonguestun.
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).
Tonguestun 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 Tonguestun 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.
Tonguestun 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 Tonguestun. 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.
Tonguestun is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Tonguestun provides, may require effecting certain changes in it, therefore, Tonguestun 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 Tonguestun 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 Tonguestun may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Tonguestun may set such fixed upper limits at any time, at Tonguestun's discretion.
By using Tonguestun's Services you agree to the following disclaimers:
Tonguestun reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Tonguestun Platform anytime in future.
Tonguestun may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Tonguestun Platform terms. Further, Tonguestun reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if Tonguestun determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Tonguestun Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Tonguestun reserves the right to modify, cancel and discontinue its Program without notice to the User.
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.
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 Tonguestun or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
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 Tonguestun account for any purpose and that you will be liable for such unauthroized access.
By creating an account, you agree to receive certain communications in connection with Tonguestun Platform or Services. For example, you might receive commentsfrom other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
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 Tonguestun 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 Tonguestun. You explicitly agree and permit Tonguestun to record all this information when you avail the telephony services through the Tonguestun provided phone lines on the Tonguestun Platform.
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.
You agree to use the data owned by Tonguestun (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 Tonguestun in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Tonguestun, unless you have been specifically allowed to do so, by way of a separate agreement with Tonguestun. 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.
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 User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
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 Tonguestun 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 Tonguestun and that you shall not disclose such information without Tonguestun's prior written consent.
You agree to protect Tonguestun'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 Tonguestun (or Tonguestun'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 Tonguestun and that you shall not disclose such information without Tonguestun's prior written consent. Unless you have agreed otherwise in writing with Tonguestun, nothing in the Terms gives you a right to use any of Tonguestun's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Tonguestun; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at 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 Tonguestun's Content in whole or in part except as expressly authorized by Tonguestun.
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.
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 Tonguestun 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, Tonguestun Content or our IP Rights.
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.
By submitting Your Content you hereby irrevocably grant Tonguestun 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 Tonguestun or its Users, any third party services and their users.
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. 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.
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 users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Tonguestun.
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 users 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 User Content, from such Restaurant's listing page at its sole discretion.
Third party content, including content posted by our users, 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. You further acknowledge and agree that Tonguestun 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.
User reviews or ratings for Restaurants do not reflect the opinion of Tonguestun. Tonguestun receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Tonguestun is the personal opinion of the user/reviewer only. Tonguestun is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Tonguestun Platform are independent of the reviews recieved by such advertisers. 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 user's review violates any of the Tonguestun' policies, the restaurant may write to us at firstname.lastname@example.org and bring such violation to our attention. Tonguestun 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
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
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:
You acknowledge that Tonguestun 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 Tonguestun that the Tonguestun 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 Tonguestun in any form or manner whatsoever.
If you share or send any ideas, suggestions, changes or documents regarding Tonguestun's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Tonguestun is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Tonguestun may have already received similar Feedback from some other user 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 Tonguestun and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Tonguestun's existing products or marketing strategies; do not include any ideas that Tonguestun's policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, Tonguestun 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 Tonguestun or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Tonguestun's products or marketing strategies might seem similar to ideas submitted to Tonguestun. 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 Tonguestun, without any compensation to you; (2) Tonguestun may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Tonguestun to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
It is the sole responsibility of participating restaurant ("Restaurant") to honor your order, as and Tonguestun is only a conduit between you and the Restaurant. Tonguestun shall not be liable for any acts or omissions on part of the Restaurant including deficiency in service, wrong delivery of order, quality of food, time taken to prepare or deliver the order, etc.
For the users in India, it is hereby clarified by Tonguestun that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant, importers or manufacturers of the food 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.
Please note that some of the food 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. Tonguestun shall not be liable in the event food ordered by you does not meet your dietary or any other requirements and restrictions.
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 Tonguestun's terms and privacy policies.
You or any person instructed by you shall not use food purchased via the Tonguestun Platform for resale.
You agree that where either Restaurant or Tonguestun is undertaking delivery of an Order, Tonguestun is authorized to collect an additional charge for the delivery service ("Delivery Charge"). The Delivery charge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, demand during peak hours. Tonguestun will use reasonable efforts to inform you of the Delivery Charge that may apply to you, provided you will be responsible for Delivery Charge incurred for your Order regardless of your awareness of such Delivery Charge.
All prices listed on the Tonguestun Platform are correct at the time of publication, and have been placed as received from the Restaurant. While we take great care to keep them up to date, the final price charged to you by the Restaurant may change at the time of delivery. In the event of a conflict between price on the Tonguestun Platform and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price except Delivery Charge of Tonguestun.
The total price for food ordered, including delivery charges and other charges, will be displayed on the Tonguestun Platform when you place your order. Users shall make full paymenttowards such food ordered via the Tonguestun Platform.
Delivery periods/Pickup time quoted at the time of ordering are approximate only, and may vary. When You opt for Pickup, You shall be solely liable to ensure compliance with the conditions governing the Pickup at the time of placing the Order, and Tonguestun shall not be liable in any manner in this regard.
Personal Promo code can only be used by You subject to such terms and conditions set forth by Tonguestun from time to time.
Cancellation and refund policy:
You cannot cancel an Order once the Restaurant has provided its confirmation.
In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds.
No replacement / refund / or any other resolution will be provided without Restaurant’s permission.
Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order, You will be required to share the proof of the same before any resolution can be provided.
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 on a best-efforts basis.
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.
The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of Tonguestun in partnership with certified auditors ("Hygiene Auditor(s)") to audit restaurants. The User acknowledges that Tonguestun is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.
The User understands and agrees that the Hygiene Rating(s) displayed on the Tonguestun Platform are for informational purposes only and merely indicate the hygiene standards of a restaurant at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards maintained by a restaurant.
The validity of the Hygiene Rating(s) displayed on the Tonguestun Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the Tonguestun Platform.
Tonguestun reserves the right to remove the Hygiene Rating(s) for a restaurant upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the User.
The Hygiene Rating(s) that are displayed on the Tonguestun Platform are on an 'as available' basis, based on the data provided to Tonguestun by the Hygiene Auditor(s) for a restaurant and Tonguestun disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the Tonguestun Platform.
Any actions taken by a User relying upon the Hygiene Rating(s) or any information displayed in this regard on the Tonguestun Platform shall be strictly at such User's own risk and Tonguestun shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Tonguestun expressly disclaims all liabilities that may arise in connection to the reliance by a User on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a restaurant, or any other services that may be provided by a restaurant.
Tonguestun shall under no circumstances be held liable if a restaurant does not display the correct and accurate Hygiene Rating(s) on its restaurant premises, website or any other platform.
The User acknowledges that the Hygiene Rating(s) as displayed on the Tonguestun Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the restaurant and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The User further understands that the restaurant is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.
Contact Us: You may contact us at email@example.com for any further queries with regard to these Terms and Hygiene Ratings.
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, Tonguestun, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("Tonguestun 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 Tonguestun 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 Tonguestun 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 USERS 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 Tonguestun 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 Tonguestun, 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.
You agree to indemnify, defend, and hold harmless the Tonguestun 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.
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
For all Users: 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.
Tonguestun shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Tonguestun Platform, or items advertised on the Tonguestun 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 users 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:
Send the written communication to:
For Users in the India:
Tonguestun Food Network Private Limited
1st Floor, Gopal Krishna Complex, #45/3,
Residency Rd, Shanthala Nagar,
Ashok Nagar, Bengaluru, Karnataka 560025
Email address: firstname.lastname@example.org
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.