Terms & Conditions
Kindly read the following terms and conditions very carefully before proceeding with access, browsing or otherwise equivalent usage of the website of shahihaveli and its associated services.
The term “you” refers to all the persons who access and uses the website of shahihaveli and its associated services through mobile applications or any other equivalent platforms regardless of the fact of usage or non usage of website of shahihaveli by such person. By access or usage of website of shahihaveli and its associated services, it is considered that you have expressly consented to the terms and conditions inclusive of disclosures therein.
Any access, usage or equivalent pursuance with the website of shahihaveli and its services through other equivalent platforms signifies your knowledge, consent, acceptance, compliance and agreement of the terms and conditions of shahihaveli.
shahihaveli reserves its rights to change its terms and conditions at any time without notice. To make sure you are aware of any changes, please review our terms and conditions periodically.
By using or accessing this website, you agree to the terms and conditions of shahihaveli whereby you also expressly consent to our use and disclosure of your personal information in any manner. By usage of our website, it is considered that you have signified your consent to the terms and conditions of shahihaveli. If you do not agree with the terms and conditions of shahihaveli and its associated services in any form, please do not proceed further with usage or accessing the website of shahihaveli and its associated services.
By subscribing the services of shahihaveli through its website, web applications or any equivalent platform, you agree and confirm by access, usage or subscription that you have read, understood and are bound by the terms & conditions, regardless of the manner of usage. If you are in disagreement with any of the terms and conditions or if you don’t understand any of such terms and conditions, you must not subscribe or proceed with usage of any of the services of shahihaveli. Despite your disagreement or lack of understanding to any of the terms and conditions, if you choose to proceed with usage or subscription with the website and services of shahihaveli, then the same shall be entirely at your costs and risks to which shahihaveli owes no responsibility, answerability and liability to any adverse consequences.
If you do not want to be bound by the terms and conditions, you must not subscribe to or use services of shahihaveli.
In these Terms and conditions, references to “you”, “user” shall means the user accessing the website, its contents and using the Services offered by shahihaveli and the terms “we”, “us” and “our” shall mean “shahihaveli” i.e. its partners and its employees only.
By access and usage of the services offered by shahihaveli through its website and its equivalent platforms, You shall be contracting with “shahihaveli” and these terms and conditions including the policies constitute your consented binding obligations, with “shahihaveli”.
COMMITMENT TO LAWS OF INDIA
By proceeding with access, usage or equivalent pursuance with the website of shahihaveli and its services through other equivalent platforms signifies your knowledge, consent, acceptance, compliance and agreement with the laws of India. The same signifies that you are not a ‘minor’ i.e. aged less than 18 (Eighteen) years and you are ‘major’ i.e. aged more than 18(Eighteen) years as on the date of such usage or access of the website and services of shahihaveli as per the definition enumerated under provisions of Indian Majority Act, 1875. In case you are a ‘minor’ i.e. aged less than 18 (Eighteen) years as on date of your usage and access to the website and services of shahihaveli then as per provisions of Indian Contract Act, 1872, you are not competent to engage and proceed with the usage and access of the website and services of shahihaveli. As a minor, if you proceed with any usage or transaction with the website and services of shahihaveli, then such usage or transaction shall cast the entire liability at your legal guardian or parents. shahihaveli reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to its notice or if it is discovered that you are a minor i.e. aged less than 18 (Eighteen) years.
With the usage and access of the website and services of shahihaveli, you consent to adhere and be committed with the Laws of India and equivalent mandates. shahihaveli reserves and hereby sets out its right to proceed with legal action against you for violation of any of the laws of India. shahihaveli sets out its right to proceed against you in case you violate any of the rights of its collaborations such as other customers, users, etc. by your act.
ACCOUNTS AND DETAILS
With your access and usage of the website and services of shahihaveli, you agree and consent to maintain the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are required to inform us in case your password is known to anyone or if anyone is aware of your password immediately before any adverse consequences. Regardless of your knowledge, the adverse consequences attributed by your account shall cast liability upon you for unauthorized usage of your account. You are required to provide us exactly correct and complete details of any of changes of your details of registration with shahihaveli. shahihaveli reserves its right to refuse service, termination of accounts and removal or editing of contents solely upon its own discretion. shahihaveli shall not be liable for any acts and omissions on your part.
CODE OF CONDUCT
You are bound to ensure that your usage of the website of shahihaveli and its other services offered through mobile applications in any way shall not cause interruption, damage or impair to them in any way.
You agree and undertake to use the website and services of shahihaveli for your personal usage and not for any of such usage that is improper. With the access and usage of the website and services of shahihaveli, you agree to strictly adhere and comply with the following:
• To not to cause defamation, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• To not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• To not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
• To not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage usage of website and its equivalent platforms of services, the operation of the website or another’s computer;
• To not download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
• To not violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• To not violate any applicable laws or regulations for the time being in force in or outside India; and
• To not violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere herein.
• To not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about shahihaveli, its partners, associates or any of the employees or any property owned by shahihaveli.
You further agree that to not use the website of shahihaveli and its equivalent services for any of the following:
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
• to upload any material that does not belong to you; or is illegal, offensive, sexually explicit content or which promotes racism, bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam to cause annoyance, inconvenience or needless anxiety.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or mobile applications or any contents associated with shahihaveli, or in any way to reproduce or circumvent the navigational structure or presentation of the website or mobile applications or any content associated with shahihaveli, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
shahihaveli owes no liability or responsibility to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the website. shahihaveli does not warrant that the website; information, contents, materials, or services included on or otherwise made available to You through the website and its mobile applications; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on website constitutes, or is meant to constitute, advice of any kind.
Nothing on website constitutes, or is meant to constitute, advice of any kind. The images of the eatables shown at website or mobile application ‘may’ or ‘may not be’ the exact image of the intended eatable. The images of the eatables are provided to give an idea of the offered eatable and nothing beyond that. All the eatables delivered by shahihaveli are prepared and cooked by various vendors who are solely liable for the same. shahihaveli although ensures on its part that the same are fresh and hygienic whereas the consequences attributed to any failure shall be borne solely by vendor i.e. the one who produces/cooks/prepares the same.
PAYMENTS AND RENEWAL
The ‘membership’ of shahihaveli is free. shahihaveli does not charge any fee for browsing on the website or its mobile applications. shahihaveli reserves the right to change its Fee Policy for membership from time to time. In particular, shahihaveli may at its sole discretion introduce new services and modify some or all of the existing services offered on the website and on its mobile application. In such an event shahihaveli reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to shahihaveli.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, shahihaveli owns all the Intellectual Property Rights to and into the Website including its mobile applications, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, application coding and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to shahihaveli and its mobile applications.
Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using the services offered by shahihaveli. However, with regard to the product customization service, you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
It is amply clarified hereinafter that the compilation of all content on the website and mobile applications of shahihaveli are the exclusive property of shahihaveli and its affiliates and is protected by laws of India and international copyright and database right laws.
CHANGES, ALTERATIONS OR MODIFICATION
LINKS TO THIRD PARTY SITES
The website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of shahihaveli or the website and shahihaveli is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. shahihaveli is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. shahihaveli is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by shahihaveli or the website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
You agree to indemnify, defend and hold harmless shahihaveli from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by shahihaveli that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
EXACTNESS NOT GUARANTEED
shahihaveli hereby disclaims any guarantees of exactness as to the appearance of the eatables as ordered by the user. The quality of the eatables, services, information, or other material purchased or obtained by you through the website or by mobile applications may not meet your expectations.
It is clarified that the title and risk of loss for the order placed by you shall pass on to you upon acceptances of the delivery.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at JODHPUR (RAJASTHAN).