1. Use of the Services
a. Application License
You are responsible for all the use of UrbanPiper Service made by you or anyone else using your ID and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify UrbanPiper immediately. We recommend that you do not select an obvious user password(such as your name) and that you change it regularly.
You understand that the Products are evolving. As a result, UrbanPiper may require you to accept updates to the Products that you have installed on your computer or mobile device. You acknowledge and agree that UrbanPiper reserves the right, in its sole discretion, to modify the Products from time to time, with or without notice. You may need to update third-party software from time to time to use the Products.
c. Merchant Products
The Products enable the Merchant to offer various food, beverage and other related products ("Products") to you and other users. The Items advertised or otherwise made available for purchase on the Products are determined solely by the Merchant, and UrbanPiper shall have no liability to you for any modification, unavailability or discontinuation of any Products.
Any delivery service you use, as provided at the option of the Merchant, isat your sole discretion and UrbanPiper shall have no liability to you for any delivery-related issues.
d. Limitations on Your Use of Services
2. Eligibility and Registration
Registering Your Account
On registration, we expect you to provide UrbanPiper with an accurate and complete information of the compulsory fields. We also expect you to keep the information secure, specifically access passwords and payment information. Kindly update the information periodically to keep your account relevant. UrbanPiper will rely on any information you provide to us.
a. Access Through a SNS
b. Registration Data
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Products under the laws of the India, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Products by minors. You may not share your Account or password with anyone, and you agree to (1) notify UrbanPiper immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or UrbanPiper has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UrbanPiper has the right to suspend or terminate your Account and refuse any and all current or future use of the Products (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Products if you have been previously removed by UrbanPiper, or if you have been previously banned from any of the Products.
UrbanPiper may terminate any agreement and access to your account, if the Services or any part thereof, are no longer legally available in your jurisdiction, or are no longer commercially viable,at UrbanPiper’s sole discretion.
If you believe that UrbanPiper has failed to perform or the Services are defective, you must notify UrbanPiper in writing and allow reasonable time for UrbanPiper to cure the defect. If UrbanPiper cures the defect within this cure period, UrbanPiper will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If UrbanPiper has not cured the defect within this cure period, your may terminate the subscription with immediate effect, upon written notice to UrbanPiper.
4. Payment and Billing
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from the Merchant or any third party acting on their behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the Service, the full cost of items you order will be assessed against your Payment Provider. You acknowledge and agree that a command originatingfrom your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for all orders placed from your Account. The Service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Website. You agree to immediately notify UrbanPiper of any change in your billing address or the credit card used for payment hereunder.
5. Refund Policy
You acknowledge that UrbanPiper is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges including any associated delivery-related charges. Addressing customer requests for refunds on purchases of Products will be the sole responsibilityof the Merchant location at which the order was placed in accordance with such location’s refundpolicies. Contact the Merchant location directly with the phone number provided as soon as possible to request a full or partial refund.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. URBANPIPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. URBANPIPER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND URBANPIPER MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URBANPIPER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADEHEREIN.
7. Limitation of Liability
9. Intellectual Property Ownership
Except for the content and information you upload to the Services, you agree that UrbanPiper and its suppliers (including the Merchant) own all rights, title and interest in the Products, including all trademarks, brand names, and logos therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publiclydisplayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin ("Marks") that appear on or in connection with the Services are the property of UrbanPiper and/or its affiliates, licensors (including the Merchant) and/or licensees. You are not authorized to use any such Marks.
10. App Stores
UrbanPiper, the UrbanPiper logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of UrbanPiper or UrbanPiper’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks ofother third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners.
11. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Arbitration Agreement carefully. It is part of your contract with UrbanPiper andaffects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
a. Applicability of Arbitration Agreement
b. Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to UrbanPiper should be sent to: Unit 204, Brigade IRV Center, Whitefield, Bangalore, India (email@example.com). After the Notice is received, you and UrbanPiper may attempt to resolve the claim or dispute informally. If you and UrbanPiper do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration Rules
d. Additional Rules for Non-appearance Based Arbitration
If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwisemutually agreed by the parties.
e. Time Limits
If you or UrbanPiper pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitrator Rules for the pertinent claim.
f. Authority of Arbitrator
g. Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, andless costly than rules applicable in court and are subject to limited review by a court. In the eventany litigation should arise between you and UrbanPiper in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND URBANPIPER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
h. Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLYOR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
k. Right to Waive
Any or all the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
l. Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with UrbanPiper.
m. Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a court or appropriate jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Bangalore, Karnataka, India for such purpose.
12. Choice of Law
16. Export Contro
You may not use, export, import, or transfer the Products except as authorized by India law, the laws of the jurisdiction in which you obtained the Products, and any other applicable laws.
17. Electronic Communications
The communications between you and UrbanPiper use electronic means, whether you visit the Products or send UrbanPiper e-mails, or whether UrbanPiper posts notices on the UrbanPiper Products or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from UrbanPiper in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, andother communications that UrbanPiper provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
20. Force Majeure
UrbanPiper shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Products, please contact us at: UrbanPiper Products Pvt. Ltd., Unit 204, Brigade IRV Center, Whitefield, Bangalore, India. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
22. Entire Agreement
Each party shall take our adequate insurance cover its risk hereunder, including but not limited to a general-and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.
UrbanPiper will not be liable for any delay in performing or failure to perform any of its obliga-tions to you caused by events beyond its reasonable control. UrbanPiper will notify you promptlyin writing of the reasons for the delay or stoppage (and the likely duration) and will take all rea-sonable steps to overcome the delay or stoppage.
24. Data Privacy and Consent
By continuing to use this Product, you give by consent to the Merchant and UrbanPiper to process your personal identifiable information ("PII") to the extent required for delivering of services. Acceptance of this policy indicates your affirmative consent on processing your PII.