U S PIZZA TERMS OF SERVICE AGREEMENT
(1) ACCEPTANCE OF TERMS:
Welcome to U S Pizza. U S Pizza ("U S Pizza ", "we" or "us" as the case may be)
provides the Service (defined below) to you, subject to the following Terms of
Service ("Agreement"), which may be updated by us from time to time without
notice to you. You can review the most current version of this Agreement at any
time at.... In addition, when using particular U S Pizza services you shall be
subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules, which may be subject
to change, are hereby incorporated by reference into this Agreement. In most
cases the guides and rules are specific to a particular part of the Service and
will assist you in applying this Agreement to that part, but to the extent of
any inconsistency between this Agreement and any guide or rule, This Agreement
will prevail. We may also offer other services from time to time that are
governed by different Terms of Services, in which case this Agreement do not
apply to such other services if and to the extent expressly excluded by such
different Terms of Services. U S Pizza also may offer other services from time
to time that are governed by different Terms of Services. This Agreement do not
apply to such other services that are governed by different Terms of Service.
(2) DESCRIPTION OF SERVICE:
U S Pizza currently provides users with access to on-line Food and restaurant
related resources, and ecommerce online ordering capabilities for users to place
food orders on U S Pizza that are forwarded to respective service providers
(restaurants ) and executed and delivered by 3rd parties like restaurants (the
"Service"). The Service (or parts of it), at U S Pizza's discretion, may be
accessed or made available through or via various mediums or devices now known
or hereafter developed, including but not limited to the World Wide Web, mobile
telephone or communications services (such as SMS (Short Message Service)),
and/or other Internet or telecommunications services or protocols (such as WAP
(Wireless Application Protocol)) (collectively, the "Channels"). You also
understand and agree that the Service may include certain communications from U
S Pizza such as service announcements, administrative messages and the U S Pizza
Newsletter, and that these communications are considered as part of the U S
Pizza membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features those augment or enhance
the current Service, including the release of new U S Pizza features, shall be
subject to this Agreement. You understand and agree that the Service is provided
"AS-IS" and that U S Pizza assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
Unless expressly stated otherwise, no information presented in the Service or in
connection with any products and services forming part of the Service shall be
deemed as a binding offer by us may constitute an invitation for you to place an
order. In respect of contracts for our products and services which are made
available as part of the Service, these shall be deemed concluded when we have
accepted your order for the same or have provided you with the product or
service pursuant to your order.
Content that is considered obscene under Indian law is strictly forbidden on the
U S Pizza site, and users are prohibited from posting any material of an obscene
nature on the U S Pizza site. Although U S Pizza exercises due diligence to
ensure that any obscene content posted by users in violation of this Agreement,
is promptly removed. But users may sometimes come across user-posted obscene
content that we have not yet discovered. In that event users shall make best
endeavours to make U S Pizza aware of such obscene/objectionable content that
they come across while using the service.
(3) YOUR REGISTRATION OBLIGATIONS:
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or U S Pizza has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
U S Pizza has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof) without any
liability to you. We are concerned about the safety and privacy of all our
users, particularly children. However, please remember that the Service is
designed to appeal to a broad audience.
Notwithstanding the foregoing, we may provide you with access to some parts of
the Service without you registering as a user. In that case, your identification
is based on other means of identification that we deem appropriate. In
appropriate cases, identification may be based on data identifying your mobile
telephone or communications subscription number provided by your network
operator. You agree that such information may be collected and disclosed to us
and used in accordance with this Agreement.
(4) U S PIZZA PRIVACY POLICY:
Registration Data and certain other information about you are subject to our
Privacy Policy which is incorporated by reference into and made a part of this
Agreement. By giving or making available the Registration Data and such other
information about yourself to us, you agree and acknowledge that we may use or
release such information to third parties as specified in the Privacy Policy,
and that you give consent to such use or disclosure. For more information,
please see our full privacy policy at www.U S Pizza.com You understand that
through your use of the Service you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer of this
information to the other countries for storage, processing and use by U S Pizza
and its affiliates.
(5) MEMBER ACCOUNT, PASSWORD AND SECURITY:
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify U S Pizza of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. U S Pizza cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
(6) REFUND & CANCELLATION POLICY:
The U S Pizza service involves delivery of food that is a perishable and is
prepared to the requirements of the customer placing the order. As the food
ordered by a customer has no value to anyone any order cancellation at any time
after the order has been placed and food preparation has started involves food
wastage. As such we follow a policy where orders cannot be cancelled and hence
we do not refund any payments made. In the rare case of food not being delivered
due to reason at U S Pizza end, customers will be directed to place a new order
against any order paid for but not delivered. Refunds are not given under any
circumstances.
(7) MEMBER CONDUCT:
You understand and acknowledge that all information, whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not U S Pizza, are entirely
responsible for all Content that you upload, post, email or otherwise transmit
via the Service. U S Pizza does not control the Content posted via the Service
and, as such, cannot and does not guarantee the accuracy, integrity or quality
of such Content. Under no circumstances will we or our licensors, suppliers,
vendors, parent, holding, subsidiary or related companies, affiliates, officers,
agents or employees, as the case may be, be liable in any way for any Content,
including, but not limited to, any exposure to offensive, indecent or
objectionable Content, 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
a. Place fake and dummy orders
b. upload, post Content that is unlawful, harmful, threatening, abusive,
harassing, tortiuous, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable
or contrary to public interest, public order or national harmony in all relevant
jurisdictions;
c. impersonate, or falsely state or otherwise misrepresent your affiliation
with, any person or entity, including, but not limited to, a U S Pizza official,
forum leader, guide or host;
d. forge headers or otherwise manipulate identifying information in order to
disguise and/or with the effect of disguising the origin of any Content
transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as, but not limited to, shopping rooms) that are designated for such
purpose;
h. upload, post, email or otherwise make available or transmit any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the Indian securities, exchange control and other regulatory
authorities , any rules of any Indian securities exchange and any regulations
having the force of law;
m. commit any fraudulent or unlawful act, whether in relation to any third party
provider of products and services on the Service or otherwise
You acknowledge that U S Pizza cannot pre-screen all orders, but that U S Pizza
and its designees shall have the right (but not the obligation) in our sole
discretion to refuse or move any Order or Content that is available via the
Service. Without limiting the foregoing, U S Pizza and its designees shall have
the right to remove any Content that we believe in good faith violates this
Agreement or that has been alleged to infringe any intellectual property or that
is otherwise objectionable in our sole opinion, without being liable to you in
any way for any loss or damage arising from such removal. You agree that you
will evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on any Content
created by U S Pizza or submitted to U S Pizza, including without limitation
information in U S Pizza Message Boards, U S Pizza Groups, and in all other
parts of the Service.
You acknowledge and agree that U S Pizza may preserve Content and may also
disclose Content if required, doing so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of U S Pizza, its users and
the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices Where any part of the Service involves or is provided by us
in conjunction with a third party, you agree to comply with any notices,
instructions or directives given by such third party in relation to such part of
the Service, including your access to or use thereof.
(8) CONTRIBUTIONS TO U S PIZZA:
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to U S Pizza through its suggestion or feedback WebPages, you acknowledge and
agree that: (a) your Contributions do not contain confidential or proprietary
information; (b) U S Pizza is not under any obligation of confidentiality,
express or implied, with respect to the Contributions; (c) U S Pizza shall be
entitled to use or disclose (or choose not to use or disclose) such
Contributions for any purpose, in any way, in any media worldwide; (d) U S Pizza
may have something similar to the Contributions already under consideration or
in development; (e) your Contributions automatically become the property of U S
Pizza without any obligation of U S Pizza to you; and (f) you are not entitled
to any compensation or reimbursement of any kind from U S Pizza under any
circumstances.
(9) INDEMNITY:
You agree to indemnify and hold U S Pizza, and our licensors, suppliers,
vendors, parent, subsidiaries and related companies, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or
arising out of any Order not being delivered on time or not being delivered at
all your connection to the Service, your use of any Channels, your violation of
this Agreement, or your violation of any rights of any other person, or your
breach of any applicable law.
(10) NO RESALE OF SERVICE:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service
(11) MODIFICATIONS TO SERVICE:
U S Pizza reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice, for any reason whatsoever, whether generally or limited to
you only You agree that U S Pizza shall not be liable in any way to you or to
any third party for any modification, suspension or discontinuance of the
Service.
(12) TERMINATION:
You agree that U S Pizza, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if U S Pizza, in its sole opinion, believes that you have
violated or acted inconsistently with the letter or spirit of this Agreement or
that you are a habitual infringer of intellectual property rights. U S Pizza may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice, whether for selected or all
Channels. You agree that any termination of your access to the Service under any
provision of this Agreement may be effected without prior notice, and
acknowledge and agree that U S Pizza may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that U S Pizza
shall not be liable to you or any third-party for any termination of your access
to the Service.
(14) LINKS:
The Service may provide links to other World Wide Web or other online electronic
sites or resources. You acknowledge that U S Pizza has no control over such
sites and resources, you acknowledge and agree that U S Pizza is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that U S Pizza shall not be responsible or liable, in any
manner whatsoever, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
(15) U S PIZZA'S PROPRIETARY RIGHTS:
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by us or
advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute
or create derivative works based on the Service, the Software or the Content
(excluding Content owned by you), in whole or in part.
U S Pizza grants you a personal, non-transferable and non-exclusive right and
license to use the object code of our Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by U S Pizza for use in accessing the
Service.
(16) DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:
a. Your accessing or use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis. We and our licensors,
suppliers, vendors, parent, holding, subsidiary and related companies,
affiliates, officers, agents and employees expressly disclaim all warranties of
any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement.
b. U S Pizza and its licensors, suppliers, vendors, parent, holding, subsidiary
and related companies, affiliates, officers, agents and employees make no
warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The service will be accessible at any time or at
all times via the channel selected or used by you,
(iv) The information, content or advertisements (collectively, the "materials")
contained on, distributed through, or linked, downloaded or accessed from or
through the service, or the results that may be obtained from the use of the
service, will be accurate or reliable,
(v) The quality of any products, services, information, or other items
displayed, purchased or obtained by you through or in connection with the
service ("the products") will meet your expectations.
(vi) Any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service
is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system, mobile telephone or other access device
or loss of data that results from the download of any such material.
d. Any reliance upon or use of any materials shall be at your own discretion and
risk. We reserve the right, in our sole discretion and without any obligation,
to make any improvements to or correct any error or omissions in any part of the
service or materials. The materials provided or made available by us on code
basis and we expressly disclaim any and all warranties of merchantability and
fitness for a particular purpose, with respect to any of the materials or the
products.
e. No advice or information, whether oral or written, obtained by you from U S
Pizza or its licensors, suppliers, vendors, parent, holding, subsidiary and
related companies, affiliates, officers, agents and employees or through or from
the service shall create any warranty not expressly stated in This Agreement.
(17) LIMITATION OF LIABILITY:
You expressly understand and agree that we and our licensors, suppliers,
vendors, parent, holding, subsidiary and related companies, affiliates,
officers, agents and employees shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other tangible
or intangible losses (even if we or our licensors, suppliers, vendors, parent,
holding, subsidiary or related company, affiliate, officer, agent or employee,
as the case may be, have been advised of the possibility of such damages),
resulting from:
(i) The service, the materials and the products;
(ii) The use or the inability to use the service or delayed use of the service
including the use of your Credit card payment
(iii) The cost of procurement of substitute goods and services resulting from
any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service;
(iv) Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the service;
(vi) Any goods or services disposed of or messages sent or received using the
service; or
(vii) Any other matter relating to the service, the materials or the products.
(18) EXCLUSIONS AND LIMITATIONS:
You acknowledge that the disclaimers and exclusions of liability set forth in
sections 17 and 18 represent a fair and reasonable allocation of the risks and
benefits of the agreement between you and us, taking all relevant factors into
consideration, including without limitation the value of the consideration
provided by you to us and the availability and costs of insurance with respect
to the said risks. You further agree that these disclaimers and limitations
shall be enforceable to the fullest extent permitted by applicable law.
(19) NO THIRD-PARTY BENEFICIARIES:
You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third-party beneficiaries to this agreement.
(20) NOTICE:
Notices to you may be made via either email or regular mail. The service may
also provide notices of changes to this Agreement or other matters by displaying
notices or links to notices to you generally on the service. You agree that such
notices by email or regular mail, and such display of notices or links to
notices to you generally on the Service, will constitute sufficient and adequate
notice to you of the matters contained therein. (21) TRADEMARK INFORMATION: The
U S Pizza logo, on the web, trademarks, service marks and other U S Pizza logos
and product and service names are trademarks of U S Pizza (the "U S Pizza
marks"). Without U S Pizza's prior permission, you agree not to display or use
in any manner the U S Pizza marks.
(21) NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT:
U S Pizza respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide U S Pizza the following
information:
) An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
ii) A description of the copyrighted work that you claim has been infringed;
iii) A description of where the material that you claim is infringing is located
on the site;
iv) Your address, telephone number, and email address;
v) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
vi) A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
vii) U S Pizza Address for Notice of claims of copyright infringement can be
reached as follows:
By mail:
U S Pizza
Registered office at,
No. 2, 80 Feet Road,
1st Stage 2nd Block,
HBR Layout, Kacharakanahalli,
Bangalore 560 043
(22) GENERAL INFORMATION: ENTIRE AGREEMENT.
This Agreement constitute the entire agreement between you and U S Pizza and
govern your use of the Service, superseding any prior understandings and
agreements between you and us and any previous statements or representations
from either party to the other party. This Agreement do not apply to any
affiliate services, third-party content or third-party software that does not or
cannot reasonably be deemed to form part of the Service which may be provided to
you by our licensors, suppliers, vendors, parent, holding, subsidiary or related
companies, other affiliates or other third parties, which may be subject to
additional terms and conditions imposed by that party. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software.
GOVERNING LAW AND JURISDICTION.
This Agreement and the relationship between you and U S Pizza shall be governed
by the laws of the Republic of India without regard to its conflict of law
provisions. You and U S Pizza agree to submit to the personal and exclusive
jurisdiction of the courts located at Bangalore, India.
WAIVER AND SEVERABILITY OF TERMS.
The failure of U S Pizza to exercise or enforce any right or provision of This
Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY.
You agree that your U S Pizza account is non-transferable and any rights to your
U S Pizza ID or contents within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or this Agreement must be filed within one (1) month after such claim or
cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal
or contractual effect.
(23) VIOLATIONS:
Please report any violations of this Agreement to us at U S Pizza.com
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