Last edited on Thursday, 23 July 2019.
Thank you for your interest in the Loyelte network applications (the App) consisting all loyelte websites (including downloadable software & other incidental services) on which a link to this Terms of Service is displayed, which are made available for commercial & business use by Loyelte Technos Private Limited (“the company” or “us” or “we”) to all its associate merchants/vendors/retailers/store owners/employees etc. (“You”) and support all available interfaces (including but not limited to computers, laptops, mobile phones or tablets, etc.). Applications or software or websites (or “the sites”) provided include loyelte.com or pos.loyelte.com or merchant.loyelte.com or blog.loyelte.com or any other domain or sub-domain directly or indirectly connected with loyelte.
The Terms of Service (the "Terms") and any other applicable policies & guidelines, as may be updated from time to time, govern your use of the services. These terms constitute a legal agreement between you & the company and in order to use the services, you must agree to the terms.
The Terms provide that with limited exceptions all disputes between you and the company arising out of or relating to the Terms or your use of the services will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Terms, except for matters covered by Section 23 (except for matters that may be taken to small claims court) of the Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 23 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate most disputes with Loyelte.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE.
You acknowledge that this Agreement is entered into by and between you and Loyelte Technos Private Limited (hereinafter “Loyelte”) identified as licensor of the App, and not with any third party platform or associated service provider or telecommunications carrier or any other person from whom you are getting access to the App or any of their affiliates or service providers. You also acknowledge that the service providers have no obligation hereunder to furnish any maintenance and support services with respect to the App. The documentation provided with the App can copy and use for your internal reference purpose only and sharing it with any person is totally prohibited.
We operate in hyper-local markets (i.e. nearby markets) and provide a cloud-based point of sale system (POS) to facilitate billing, customer data management and operations monitoring of the business. The services are provided for your commercial & business use, which are accessible through an active internet connection. You are solely responsible to manage active internet connection and necessary devices to use services. You must create your user account to access all services provided by loyelte and all the rights specific to access, use & sharing your data remains with you.
The system also works even without internet, which let you manage all your business operations, including record daily sales, manage products, deals & offers and run campaigns, etc. However, for active use, it is must, to connect the system with the internet at least once in 2 days duration, otherwise, the access key gets expire and the system will not function till the internet connection re-established.
Loyelte is not a retail store, restaurant, food delivery service, merchandise delivery service, or food preparation entity. We simply facilitate the transactions by connecting you with the customers, wherein you are solely responsible & liable for order preparation and delivery.
You must comply with the usage rules established by any other service provider(s) that apply to your device ("Usage Rules"). It is your responsibility to determine what Usage Rules apply to your use of loyelte applications, as they may be applicable to you depending on (i) your Device, (ii) your Operating System, (iii) the method by which you downloaded or otherwise acquired the applications, and (iv) the third party from whom you downloaded or otherwise acquired the applications. We shall not be held liable for any failure or non-compliance on your part.
As provided below in greater detail, you agree and acknowledge the material terms:
You shall apply for a merchant business account, which will be considered by designated authority and either accepted or rejected. We have absolute discretion whether to accept or reject your application and in order to make such decision, we may ask you to provide us with more information about you, your store, services or products you offer, etc.
Furthermore, you must be at least eighteen (18) years of age at the time of agreement and the use of services. By agreeing to the Terms, you represent and warrant us:
If you are using the service on behalf of an entity, organization, or company; you represent and warrant that you have the authority to bind the organization and you agree to be bound by the Terms on behalf of the organization.
To access all features & services, you must register for an account. At the time of registration, you must provide information about you and your business operations i.e. your contact details including name, email address, phone number, address; your business details including tax identification number, location & hours of operations, your products offerings & details of the authorized representative, etc.
You agree that the information you provide is accurate and that you will always keep it up to date. We may use the business name, address, taxpayer ID, license number and any other information you provide about your organization or that we may request or determine is necessary to verify accuracy and eligibility for business. We may make, directly or through third parties, inquiries to validate the information that you provide. We may accept, refuse and may modify service rights or privileges at any time.
Certain products require licensing, certification or other credentials to sell them. To sell such products, you must provide us with a valid license, certification or other credentials (collectively, the “Credentials”), as determined in our sole discretion. We may use information you provide, as well as information relating to your account such as your business name and address, to verify the Credentials, and we may request additional information from you to assist in that verification. We may, in our sole discretion and at any time, suspend or terminate your ability to sell such products at Loyelte network.
When you register, you will be asked to generate a password and you are solely responsible for maintaining the secrecy & confidentiality of your account and password. You shall be deemed responsible for all actions happen under your account and if you any have reason to believe that your account security is compromised or no longer secure, you must immediately notify us in writing.
LOYELTE NETWORK APPLICATIONS KEY OFFERINGS
As per agreed terms, Loyelte offers you a cloud-based point of sale software, embedding latest features to cater to your varied requirements. With licensed POS, you may operate as many stores; add any number of employees within the system for efficient & smooth operations; execute unlimited transactions, etc. For pricing and other details, please refer the agreed Service Agreement.
The software also includes point-based customer loyalty program to let you reward your customers with personalized loyalty-points & / or cash back. The system enables you to configure reward points at the store level, which you may use to attract more business to all or any specific store.
Loyelte has also embedded deals & offers management system based on certain innovative logics which are in general available with larger organizations or merchants since such system require huge resources to operate. Using such tools help you to create delightful customer experiences, which result in higher customer retention with frequent visits & sales growth.
We also provide tools to facilitate interaction among you & your customers. With extensive reach and relative modes of communication, the effectiveness increases with a higher conversion rate. Different modes of communication integrated with the system such as SMS, Email, Whatsapp & other social media platforms.
You are responsible for all the activities that occur under your organization's business account, regardless of whether the activities are undertaken by you, your employees or a third party. Except to the extent caused by our breach of the terms; we are not responsible for unauthorized access to your business account. You are solely responsible for maintaining the security of your business account. You must not disclose your password to any third party (other than the parties authorized by you to use your business account in accordance with the terms) and are solely responsible for any use or action is taken using your account. You shall contact us immediately if you believe an unauthorized third party using your business account or if the account information is lost, stolen or compromised.
In consideration for accessing the Loyelte Networks Applications, below documented payment module is applicable to each merchant’s business account:
Further, the provisions of Service Agreement shall supersede the terms in case of any conflict.
In respect with all merchant fees, Loyelte shall debit your business account as and when the agreed payment terms fulfilled.
The account settlement period is calendar month period in-default and shall remain applicable unless specifically changed & agreed; further details related to account settlement date & other terms are available & can be referred in Service Agreement.
It is your responsibility to settle your business account within stipulated time as per the agreed terms of the Service Agreement; If you fail to comply with terms related to settlement, then you shall be liable to pay interest at the rate of 15% p.a. from the invoice issue date till the date of payment, and for this purpose the interest liability shall be calculated on the overdue amount (which includes but not limited to commission amount as per the agreed terms).
If the said default continues for 15 days (i.e. after the due date specified in invoice) then your business account may be suspended (temporarily or permanently) on the sole discretion of Loyelte without giving any prior notice.
In the event of default, if Loyelte incurs further legal or other expenses to recover said dues, you shall also be liable, to pay in full any such legal and/or other expenses.
The primary purpose of the POS system is to make the operations of the business more organized & efficient and save time & money spent on repetitive nature of tasks.
Following is the list of features agreed to provide by Loyelte POS software, to make your operations more efficient:
Loyelte provides you personalized point-based loyalty tool, which let you introduce point-based loyalty program at any or all stores anytime, in your sole discretion. You solely reserve the right, to accept, reject orders or prohibit the use of points by any individual or entity anytime or for any transaction.
You may decide or change the points percentage for any store, anytime.
Ex Points Percentage of Store A is 5%.
Suppose, a customer has made a purchase of Rs 1,000 at Store A, the said customer gets 50 merchant points against the purchase, which he may use anytime for any future transaction, at any store belongs to the said merchant, subject to the compliance with agreed merchant business policies.
Point Value The value of 1 merchant loyalty point equals to 1 INR (i.e. Rs 1).
Scope of Acceptance The points are acceptable at all your stores, subject to the defined business policies.
Expiry In default, the points come with No-Expiry, i.e. once awarded the points shall remain in customer account till their consumption.
Liability The points are given as per your sole discretion to incentivize or reward your customers, for benefiting and promoting your brand, thus you are solely liable, and the onus is with you to sponsor the cost of all awarded points.
Loyelte shall not be held liable or challenged legally or financially if any dispute occurs between you and your customers.
Note The point-based loyalty program is a default loyalty system accessible to all registered merchants, for customized loyalty program a special requisition shall be made to Loyelte and accordingly a different set of policies shall be agreed upon & the system may get implemented at the sole discretion of Loyelte.
Important The loyalty points are merchant-specific, thus the points of one merchant can only be consumed or redeemed at said merchant’s store only (i.e. one merchant’s points cannot be used at any other merchant’s store). Additionally, no clubbing is possible to use two or more different merchant points at any single merchant store unless specifically agreed and consented by Loyelte.
Loyelte’s in-built deal management system let you create different types of deals within the POS software and those may be applied at all or any specific store, anytime. You may create several types of deals which include but not limited to combo deal, buy 1 get 1 deal (BOGO), referral bonus & target-driven deal, etc.
All deals once awarded have their own unique customer specific coupon code, which is communicated to the customers through SMS or other messaging tools and accordingly customers visit are influenced; further, since the coupons codes are unique and directly linked with 10-digit phone number, thus it makes the system more effective & secure by eliminating the scope of unauthorized deal consumption and also curtails the revenue leakage.
You are solely responsible for the deals or offers created by you, i.e. the burden related to their financing, costing or any legal compliance lies with you only. Loyelte is not responsible to finance any cost incurred or may be incurred related to deal or offer you created for your personal or business purpose.
Note Addition to deals, the separate discount function is also embedded with the software, which let you create special discounts for a special purpose and for special customers; discounts are applicable at store level and reduce the total bill value of the respective transaction.
In available discounting system, you can configure transaction discount either fix amount discount or fix percentage discount; further, you can configure the application of the discount on the amount including or excluding taxes.
Ex suppose the transaction amount is Rs 1,000 and the discount is Rs 100 (i.e. fix amount discount), thus, after discount, the net amount to be paid by the customer is Rs 900. Similarly, if the discount is 15% (i.e. fix percentage discount), then the discount is Rs 150 and accordingly, the net amount due to be paid by the customer is Rs 850.
Loyelte’s campaign system support you by enhancing the market size and extending your audience reach. We bridge the gap between you and the customers, by enabling you with a different set of communication tools like SMS, Email or Whatsapp messages, etc.
The system is also provisioned to introduce you & your offerings to the new and relevant customer base, depending upon their choices, tastes, and preferences, which increases the possibilities of frequent customer visits.
Free Digital Invoice Loyelte POS comes with digital invoicing, which directly deliver bills to the customer’s registered mobile number through SMS; It makes you cost efficient by reducing your cost on printers, cartridges, paper rolls, etc. and adds your contribution toward saving the environment.
Free Promotional SMS With every successful valid phone number transaction, a promotional SMS credit gets add in your merchant business account, which you can use to promote your products, deals or offers. All rights, related to identifying and marking transaction successful vest with us; for this, we have deployed technology-driven processes, based on it a transaction post successful verification shall mark as genuine and a credit adds in you Free Promotional SMS pack balance.
Ex Suppose you have recorded 1000 successful transactions in total from your all stores during a calendar month, based on those successful transactions, credit of 1000 SMS shall be added soon after the end of said calendar month.
For this, all successful transactions accumulate on calendar month basis i.e. from the 1st day of the month till last day of the month, and the credit of Free Promotional SMS pack adds on the 1st day of the following calendar month.
Ex Suppose 1000 total transactions recorded by the merchant during January month (i.e. from 1st January till 31st January), the merchant account gets automatically credited with 1000 Free Promotional SMS pack on the 1st day of the February month.
The validity to consume Free Promotional SMS credit pack is One Calendar month only, in which the pack is credited in merchant account. After the end of the calendar month, unused pack or SMS gets automatically expire.
Ex In continuation with the above example, if the pack remains unused during the whole February month, it will get expire on 1st March.
Paid Promotional SMS Pack Loyelte offers paid promotional SMS pack, which you can buy and use for the purpose of your business promotion similar to Free Promotional SMS pack, and further, the Paid pack is free from the limitations applicable with Free SMS pack (i.e. one-month expiry).
Pricing The paid promotional SMS packs are available to purchase online through the loyelte website and the pricing information along with specific applicable terms are also available there; the prices may vary without prior notice and any change in applicable terms shall be duly communicated through the formal way of communication, which includes publishing on loyelte websites.
Note All pricing information available with Paid Promotional SMS pack is exclusive of taxes.
Validity The Paid Promotional SMS pack comes without any expiry, which means the SMS purchased shall remain available till consumption; additionally, the purchased SMS may put in for multiple campaigns run.
Ex The pack of 10,000 SMS bought in April 2019, the merchant ran 2 campaigns during the month and used 1,500 & 1,000 SMS respectively; now the merchant is left with 7,500 SMS credit, which is available to use anytime without any expiry.
Important All promotional SMS (for both Free & Paid packs) delivery is allowed and possible only in between 9.00AM to 9.00PM (Indian Standard Time) as per the policies outlined by TRAI; SMS delivery beyond the permitted time limit is a matter of non-compliance, which may attract penalties specified in the regulations & notifications issued time to time.
Important Maximum character limit is 160 per SMS, beyond said limit 2nd SMS shall automatically count as consumed by the system and so on.
For detail terms & pricing information, please refer Service Agreement.
Liability The SMS service provided by Loyelte must be used with due care, accessible to authorized personnel only, and subject to the compliances as per the applicable guidelines issued from time to time.
Loyelte shall not be held liable for any loss occurred to you or any customer, due to any false information circulated by you or your representative using the services. Furthermore, you will be held solely liable for any compliance issue or for non-fulfillment of any offer communicated to the public.
Other Marketing Material You can also be provided with some marketing material (like posters/flyers/table standees, etc.) to display it within and/or outside your business premises. Loyelte has all rights to change and/or update such marketing material any time without giving prior notice. You are liable to place it appropriately at your premises, to make it visible publicly; and may remove all such material from your business premises only on permanent disassociation with loyelte.
Addition to merchant-specific loyalty points, we are authorized & may introduce LOYELTE POINTS at any point of time; once in operation, Loyelte points shall be accepted at all associated merchants & their all stores, subject to the exception agreed upon in writing. Thus, you are liable to follow all applicable terms, failure to which may result in the suspension of your loyelte account temporarily and/or permanently.
All purchases and redemptions of Loyelte points are in accordance with the terms and conditions specified in the agreement. You shall accept any and/or all Loyelte points, a customer is willing to redeem. You shall not resell, or transfer Loyelte points for value and/or money except the redemption for a genuine purchase made by the customer. We reserve all rights, in our sole discretion, to reject orders or prohibit advertisement, offer, distribution or use of Loyelte points in any location, in any manner, and by any individual or entity.
How to earn LOYELTE POINTS?
On certain specific successful transactions, the customer shall be awarded certain Loyelte points. Additionally, we may also sell Loyelte points directly to the customers through our website or other means at any point of time either in cash & / or kind at our sole discretion.
Point Value The value of 1 Loyelte Point equals to 1 INR (i.e. Rs 1).
Scope of Acceptance Loyelte points are acceptable as a mode of payment at all associated stores who are part of the Loyelte network and using the services provided by us, subject to the exception agreed upon in writing.
The customer willing to consume Loyelte points may use the available points either in full or in part and shall communicate his willingness to do so in advance at the store while placing the order.
The short payment received by the merchant based on Loyelte points redemption shall be compensated by us on scheduled settlement day.
Expiry Loyelte points come with No-expiry period, i.e. once earned the points remain with the customer till their consumption.
Liability Loyelte points are given as per our sole discretion to incentivize & / or reward customers for our own benefit, branding & promotion, thus the liability to bear the cost of the points lie solely with us.
You are liable to exercise due skill and care to prevent any unauthorized & / or inappropriate use, consumption, sale or transfer of Loyelte points.
The applications are licensed not sold to you, which are strictly for your sole business purpose only; except as expressly granted by the agreement or otherwise by Loyelte; The company hereby grants you a personal, limited, revocable, non-transferable, non-exclusive license to use the applications on compatible devices that you own or control for your commercial & business use subject to the compliance with agreed terms. You acquire no right, title or license in the application, or any data, software, content, application or materials accessed from or embedded in the application. We reserve all rights to revoke any accesses or stop use in our sole discretion without giving prior notice on non-compliance of the agreed terms.
In order to use the products or services, you agree to the following:
Further, the agreement does not provide any right to any update or upgrade of the applications or to any maintenance release, patch, fix, extension or enhancement (collectively, “Updates”) market by the company time to time. Except as required under applicable law, this license does not entitle you to receive any maintenance or support service with respect to the applications.
We may provide updates and/or support as necessary; If provided, updates may be delivered automatically and/or you may be notified when a new update is ready and available for download & use. You authorize Loyelte to deliver automatically any update if we believe it is necessary for the continued & effective use of the applications or for any reasonable business purpose. Your use of all future updates shall govern by the terms of the agreement unless specifically stated; which may replace, supplement or complement the original applications.
You agree to the following license restrictions: (a) to use the App solely for your business & commercial purpose only; (b) to not install or use a copy of the applications on a device that you do not own or control; (c) to not duplicate, copy or distribute the applications, except as necessary to use it on your own device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the application or make the application available to any third party; (e) to not use the application for any fraudulent, unlawful or illegal activity or in any way that could harm the application or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the applications or disassemble, decompile or reverse engineer any part of the applications; (g) to not work around any technical limitations in the applications; (h) to grant full access to loyelte to sync all your data with the cloud server to possible periodical backup & real time access to records; (i) to authorize loyelte to read & use all your transactional data for its commercial & business use; and (h) to preserve all copyright and other proprietary rights notice on the applications and all copies thereof.
Loyelte reserves all rights to upgrade, revise, supplement and otherwise modify the terms of the agreement from time to time and any such changes shall effective from immediate effect for all (including both new and existing users). If you do not wish to accept any change, please uninstall and discontinue the use of applications. Your continued use of the applications post changes shall be considered your acceptance. Further, we encourage the periodical review of the terms to keep track of any change.
The data stored locally in your devices and periodically sync with loyelte servers. The transmission of data over wireless and wired networks is not inherently secure and prone to threats & hacking attacks; we do not guarantee 100% security of data all the time, however, we have in place all security measures & tools to protect the data against any unauthorized access or disclosure.
You can access and change user settings for the applications or delete your search history from the options/settings menu of your device. Uninstallation methods vary depending on devices. To uninstall the applications, please consult our technical staff or your device manual.
This license is effective for an indefinite period until Loyelte terminates it, or you may terminate it anytime by closing your account, uninstalling the App, and ceasing the use of services. Your rights under this license will terminate automatically without notice to you if you fail to comply with any provision of the agreement. We reserve all rights to suspend, discontinue, enhance, update or otherwise modify the applications, or its availability, at any time without notice. Upon termination of the license, you cease to use the applications. We shall have no liability whatsoever on account of any change to the service or any suspension or termination of your access to or use of the service.
The applications are provided subject to ‘Disclaimer of Warranties’ set forth in the later part of the agreement. We do not have warranty obligation hereunder and give no guarantees with respect to the applications or in relation to the sale, distribution or use thereof. Any claim, loss, liability, damage, cost or expense attributable to any failure to conform to Loyelte’s warranty shall be Loyelte’s sole responsibility. To the extent permitted by applicable law, we exclude any implied warranties or conditions, including without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to the Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. We shall not be responsible for any breach of the Agreement.
Loyelte is not responsible for addressing any claim by you or any third party relating to the products or services and/or use of them, including but not limited to: (i) Product liability claims; (ii) Any claim that the products or services fail to conform to any applicable legal or regulatory requirement; and (iii) Claims arising under consumer protection or similar legislation, etc.
We are not responsible for any investigation, defense, settlement and discharge of any third-party claim that the product or service and/or your possession and use of those products or services infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the products or services.
The products or services, and the media or material contained in it, including all intellectual property rights, are the sole and exclusive property of Loyelte and its licensors. Except for the limited license expressly granted under the terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Loyelte in terms are expressly reserved.
Loyelte Technos Private Limited license the products or services and is responsible for addressing all questions, comments or claims relating to its offerings and/or use of them. For any query or doubt you can write to us at firstname.lastname@example.org or Whatsapp us at (+91) 784 007 1987.
You represent and warrant that (i) you are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a “terrorist & / or supporting” country; (ii) you are not listed on any Indian Government list of prohibited or restricted parties; and (iii) you will comply with all relevant Indian sanctions and embargoes.
You may not assign or transfer the Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
You represent, warrant and covenant that:
We recommend that you do always keep track of all the changes and remain up to date about the information presented on our web or mobile applications.
Loyelte does not guarantee compliance or suitability of products with any Laws, nor does Loyelte accept responsibility for installation and/or use of a product. It is your responsibility to review the product application and all applicable Laws for each relevant jurisdiction to be sure that the installation and/or use involving the products comply with applicable laws.
You have direct or indirect access or exposure to Loyelte’s confidential information, which include but not limited to data, provider IDs, user information, delivery recipient information, delivery provider information, package information, the transaction volume, marketing and business plans, financial, technical, operational and such other non-public information (whether disclosed in writing or verbally) that Loyelte designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (a) all Confidential Information shall remain the exclusive property of Loyelte; (b) you shall not use Confidential Information for any purpose except in furtherance of your use of the products or services; (c) you shall protect and not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with written confirmation of destruction) all Confidential Information upon the termination of your use of the products or services or at Loyelte’s request.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no action or omission by you; (b) was possessed by you prior to your use of products or services without an obligation of confidentiality; or (c) is disclosed to you by a third party having no obligation of confidentiality with respect thereto.
This section covers all Confidential Information regardless when you receive it. Unless you have received our express written permission, you will not otherwise use any trademark, service mark, commercial symbol or other proprietary rights of ours, issue press releases or other publicity relating to us or these terms or refer to us in promotional materials. If authorized, you may only use Loyelte trademarks in accordance with the trademark guidelines.
You may choose to, or we may invite you to submit bug reports, suggestions, comments, ideas, improvements, or other feedback or materials in connection with or related to the products or services (including any technology). By submitting, you agree that we are free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner without any obligation to you or any third party. You hereby grant us a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback / Suggestions for any purpose.
You agree to indemnify, defend and hold harmless us, and our & their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys' fees) (each a "Claim") arising from or related to (a) your breach to the terms, (b) any unlawful or improper use by anyone of any product ordered by you, or (c) your negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified claim. If at any time we reasonably determine that any indemnified claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld.
Your use of the service is at your sole risk. The service is provided "as is" and "as available" without warranties of any kind either express or implied. All representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed by Loyelte to the maximum extent permissible by applicable law. We make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service. We does not represent or warrant that the use of the service will be secure, timely, uninterrupted or error-free or will operate in combination with any other hardware, software, system or data; that the service or any products or materials obtained by you through the service will meet your requirements or expectations; or that the service or the server(s) that make the service available are free of viruses or other harmful components.
Our service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
Loyelte relies upon restaurants and other third-party food and beverage providers and retailers to provide accurate allergen and dietary information and general product safety. Loyelte does not represent or warrant that the information accessible through the service is accurate, complete, reliable, current or error-free, including without limitation menus, nutritional and allergen information, photos, food quality or descriptions, pricing, hours of operation, or reviews. All content is provided for informational purposes only. The reliance on any information provided through the service is solely at the user’s own risk, including without limitation to nutritional and allergen information.
Loyelte does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a restaurant or other third party through the service or any hyperlinked website or third-party service.
In no event shall Loyelte and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, reputation, use or other economic advantage) even if Loyelte and/or its licensors have been previously advised of the possibility of such damages.
Loyelte shall not assess the quality, safety, or legality of the items provided by the merchants/retailers/store owners/store employees or other related parties on the platform, and you expressly waive and release Loyelte from any and all liabilities, claims or damages arising from or in any way related to merchants, retailers, and the items they provide.
We will not be liable for any delays in delivery or failure to perform any of our obligations under the terms by reasons, events or other matters beyond our reasonable control.
Loyelte is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and your customers, your delivery service or any other third party. Disputes between you and Loyelte are subject to this Section 23.
In the interest of resolving disputes between you and Loyelte in the most expedient and cost-effective manner, you and Loyelte agree that every dispute arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes include all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of the Terms.
You understand and agree that, by entering the terms, you and Loyelte are each waiving the rights to a trial by jury or to participate in a class action.
If a lawsuit or court proceeding is permitted under the Terms, you and Loyelte agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Delhi for the purpose of litigating any dispute. We operate the products & services from our offices in New Delhi, and we make no representation that materials included in the products & service are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Loyelte or any third-party provider as a result of the Terms or use of products or services.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall fully be enforced under the law. The failure of Loyelte to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Loyelte in writing.
This Agreement comprises the entire agreement between you and Loyelte and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in the Terms.
Despite the provisions of the paragraph, we both agree that nothing in the Terms shall be deemed to waive, preclude, or otherwise limit the right of either of us to:
Loyelte may give notice by any means of communication, reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the service or via email to the email address provided in your account. It is your obligation to update your account information so that we may contact you as may be necessary. The email notices shall be deemed to have been given 24 hours after dispatch and if physical notice (i.e. by courier / Indian post) is given, said notice is deemed to have been given 7 days after the dispatch.
You may also give notice to Loyelte (such notice shall be deemed given when received by Loyelte) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail or through email services to Loyelte at the following address:
C/o Tarun Dua
Loyelte Technos Private Limited
A-18, Sudershan Park
New Delhi, India – 110015
Email Address: email@example.com
Attention Loyelte Management Council
The Notice must:
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the notice is received, you or Loyelte may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Loyelte must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any.
If the dispute is resolved through arbitration, the losing party shall pay the highest of the following:
You and Loyelte agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Further, unless both you and Loyelte agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
We reserve all right related to update or modify the Terms at any time without prior notice, and such changes shall be effective immediately upon being posted, except to the Terms identify the applicable date for such modification. Your use of the products or services following any such change constitute your agreement, to be bound by the modified Terms and in case you do not agree to the changes, you must stop using the products or services from immediate effect. In case of a material change to the Terms, we will make reasonable efforts to notify you about the change, such as sending an email to your registered email address, or through a pop-up window, or other similar mechanism prescribed as per the terms of the agreement.
A material change to the Terms shall be effective upon the earlier of:
Disputes arising under the Terms shall be resolved in accordance with the Terms in place. We encourage you to review the Terms frequently to stay informed about any latest modification.
If the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 shall be null and void and, in that case, the parties agree that the exclusive jurisdiction shall govern any action arising out of or related to the Terms.
Certain merchant features of the software are provided 100% Free to use for commercial & business purpose which include:
Furthermore, Loyelte shall be introducing other additional services from time to time and accordingly made available to associate merchants.
Changes may also be made subject to availability of various services to the merchants and their respective charges on a going forward basis at any time as we deem necessary for our business. Before you would be charged any fees, you would have an opportunity to review and accept an estimate of the fees.
All charges/fees/subscriptions are non-refundable, except as expressly provided, and will be quoted in the applications and/or in the website in the local currency of the location where the order is being made. Except as expressly provided in, this no refund policy applies all times regardless of your decision to terminate your usage, our decision to terminate your usage, and/or any disruption caused to our service for any reason whatsoever.
Loyelte, at its sole discretion may offer credits or refunds on a case-by-case basis.
Further, we at our sole discretion, may make promotional offers with different features and at different rates to any of associate/merchant. Those offers, unless specifically made, shall have no bearing whatsoever on your use of the service or fees charged by you. We also reserve all rights relating to expiry or modification of any promotion any time.
You (Merchant / Brand / Store / Store Employee) may engage third-party courier services to provide delivery to the customers and may interact with those couriers. Any interactions or disputes between you and a courier are solely between you and that courier. Loyelte and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.
Your use of business accounts is subject to the disputes and applicable law provisions of the conditions of use, which are incorporated by reference.
The parties to the terms are independent contractors. The terms do not create any third-party beneficiary rights in any individual or entity that is not a party to the terms. You may not assign the terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, the terms shall be binding on, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under the terms through one or more of our affiliates. Our failure to enforce your strict performance of any provisions of the terms will not constitute a waiver of our right to enforce such provisions or any other provision of the terms subsequently. If any provision of the terms is deemed unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from the terms and will not affect the validity and enforceability of other remaining provisions. In the event of any conflict between the terms and conditions of use, the agreed terms shall prevail.