DEFINITIONS

• Customer : "Customer" or "You" or "Your" refers to you, as a customer of the Services i.e. someone who accesses or uses the Services.
• "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.
• "Gintaa Content" means content that Gintaa 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.
• Portal shall mean website www.gintaa.com/ (the "Site") or the mobile app of Gintaa food ("Gintaa Platform").
• "Restaurant" means the restaurants listed on Gintaa Platform.
• “Sensitive Personal Data” which may, reveal, be related to, or constitute your
• financial data
• health data
• official identifier
• sex life
• sexual orientation
• biometric data
• genetic data
• transgender status
• intersex status
• caste or tribe
• religious or political belief or affiliation
• "Third Party Content" means content that comes from parties other than Gintaa or its Customers, such as Restaurant Partners and is available on the Services.
• "Your content" or "Customer 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, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile.

Your representation & warranties:

• 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.
• You are in compliance with all laws of India.
• The Content on these Services is for informational purposes only and you are aware that Gintaa does not have any liability for any information that may have become outdated since the last time the particular piece of information was updated and Gintaa reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice.
• You undertake that Gintaa does not guarantee the quality of the food, the prices listed in menus or the availability of all menu items at any Restaurant Partner and Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Gintaa.
• You also undertake that any information that may be displayed on the Restaurant's listing page on the Gintaa Platform is for informational purposes only as such Certification is displayed by Gintaa on an 'as available' basis that is provided to Gintaa by the Restaurant partner(s)/Merchant(s). Gintaa does not make any warranties about the validity, authenticity, reliability and accuracy of such information displayed in this regard.
• any reliance placed by you upon the information thereto shall be strictly at such Customer's own risk and Gintaa in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information.
• Gintaa reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Gintaa Platform anytime in future.
• Gintaa may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Gintaa Platform terms.
• Further, Gintaa reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if Gintaa determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Gintaa Platform terms or has engaged in activities which are fraudulent / unlawful in nature.
• Gintaa may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Gintaa may decide at its discretion. Gintaa reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
• You hereby agree and assure Gintaa that the Gintaa 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 Gintaa in any form or manner whatsoever.

Use of services by you or Customer

You shall have to create an account using your personal credentials. By creating an account, you agree to receive certain communications in connection with Gintaa Platform or Services. You can opt-out or manage your preferences regarding non-essential communications through account settings.

Important Terms

• 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 Gintaa 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). You explicitly agree and permit Gintaa to record all this information when you avail the telephony services through the Gintaa provided phone lines on the Gintaa 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 Gintaa (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Gintaa 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 Gintaa, unless you have been specifically allowed to do so, by way of a separate agreement with Gintaa.

Privacy Policy

You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public

Restrictions on use

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:

• Violate our Guidelines and Policies;
• Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
• Contains material that violates the standards of good taste or the standards of the Services;
• Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
• Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• Is illegal, or violates any central, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
• Attempts to impersonate another person or entity;
• Accuses others of illegal activity, or describes physical confrontations;
• Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
• Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
• Accesses or uses the account of another customer without permission;
• Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
• Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
• Falsely states, misrepresents, or conceals your affiliation with another person or entity;
• reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
• "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
• Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
• Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
• Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
• Threatens the unity, integrity, defense, security or sovereignty of India Collects, accesses, or stores personal information about other Customers of the Services;
• Is posted by a bot;
• Harms minors in any way;
• Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or

Feedback

• If you share or send any ideas, suggestions, changes or documents regarding Gintaa's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Gintaa is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Gintaa may have already received similar Feedback from some other Customer 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 Gintaa and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
• Notwithstanding the abovementioned clause, Gintaa 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 Gintaa or any of its employees.
• The purpose of this policy is to avoid potential misunderstandings or disputes when Gintaa's products or marketing strategies might seem similar to ideas submitted to Gintaa. 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.

FOOD ORDERING AND DELIVERY:

• Gintaa provides food ordering and delivery services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and delivery by the Customers on the Gintaa Platform.
• In order to get the eservices of Gintaa, you need to first register yourself with Gintaa by following the instruction on the Portal and filling up the necessary information. Please note, your registration with Gintaa is a voluntary act on your part and Gintaa shall not be responsible for such registration. Needless to mention, you are at liberty not to register with Gintaa and in which case you shall not be able to get the services of Gintaa.
• The Customers can access the menu items or Products listed on the Gintaa Platform and place orders against the Restaurant Partner through Gintaa.
• Your request to order food and beverages or Products from a Restaurant Partner page on the Gintaa Platform shall constitute an unconditional and irrevocable authorization issued in favour of Gintaa to place orders for food and beverages or Products against the Restaurant Partner on your behalf.
• Delivery of an order placed by you through the Gintaa Platform shall be undertaken directly by the Restaurant Partner against whom you have placed an order, (“Delivery Partners”). Gintaa is merely acting as an intermediary between you and the Restaurant Partner and any delay, deficiency in service by the Delivery Partners of the Restaurant Partner shall not be any liability of Gintaa.
• The acceptance by a Restaurant Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Gintaa is not a party under any applicable law. It is clarified that Gintaa does not provide any delivery or logistics services and only enables the sale and purchase of food and beverages or Products ordered by the Customers through the Gintaa Platform by connecting the Customers with the Restaurant Partners.
• You may be charged a delivery fee for delivery of your order by the Restaurant Partner, as the Delivery Partner or the Restaurant Partner may determine (“Delivery Charges"). You agree that Gintaa is authorized to collect, on behalf of the Restaurant Partner, the Delivery Charges for the delivery service provided by the Restaurant Partner. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner, order value, distance, time of the day. Gintaa will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
• In respect of the order placed by You, Gintaa shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
• You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.
• All prices listed on the Gintaa Platform are provided by the Restaurant Partner at the time of publication on the Gintaa Platform and have been placed as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner may change at the time of delivery. In the event of a conflict between price on the Gintaa Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of Gintaa.

General Terms and Conditions

• You understand that Gintaa is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Gintaa, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners, under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners.
• Gintaa shall not be liable for any acts or omissions on part of the Restaurant Partner including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, and other similar etc.
• You also understand that Gintaa is no way responsible for delivery of the food ordered by you and that the entire responsibility for the delivery of the food ordered by you lies with the restaurant partner from whom you have ordered the food.
• Please note that some of the food and beverages or Products may not be suitable for certain types of people like people allergic to gluten, lactose etc. or for people under certain age like infants, child below 5 years etc. and the Customer should check the dish she or he is ordering and read its description, if provided, prior to placing your order. Gintaa shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
• The Restaurant Partner shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Gintaa.
• You or any person instructed by you shall not resell food and beverages or Products purchased via the Gintaa Platform.
• 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 Gintaa's terms and privacy policies.
• Any amount that may be charged to you by Gintaa over and above the order value, shall be inclusive of applicable taxes.

Cancellation and refund policy:

Food once ordered can not be cancelled. Gintaa shall not be liable to make any refund of any payment made by you in connection with any cancellation attempted by you.

Indemnification

You agree to indemnify, defend, and hold harmless the Gintaa 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.

Termination of your access to the services

• You can delete your account at any time by using the direction mentioned in settings.
• We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason including your violation of these Terms.
• Once, terminated, a customer may not be allowed by Gintaa to re-register with same IP address or credentials.

General

• Interpretation:The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
• Severability:If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
• Entire Agreement and Waiver:No failure or delay by Gintaa in exercising any right, power or privilege under the Terms shall be deemed as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
• Partnership or Agency:None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Gintaa and you shall have no authority to bind Gintaa in any form or manner, whatsoever.
• Dispute Resolution:In case of any dispute that arises between the customer and the restaurant partner, the responsibility of Gintaa shall be only limited to the providing of information. The Customer shall not make Gintaa a party in any such dispute in any manner whatsoever.
• Governing Law/Waiver:These Terms shall be governed by the laws of India. The Courts of Kolkata shall have exclusive jurisdiction over any dispute arising under these terms.