Terms of Service(I) Acceptance of terms:
These terms of service or terms and conditions or terms are made for awaring all the users, customers, restaurants/outlets/home bakers, vendors of your legal rights and responsibility towards accessing all the services or facility of Sugaree. Please read the terms of service carefully before accessing or using Sugaree App and websites. By accessing or using Sugaree mobile application (SUGAREE) and websites www.Sugaree.in you are agreeing to all terms and conditions and you are legally binding with Sugaree.
(II) Definitions
1. Customer:
"Customer" or "You" or "“Your" refers to you, as a customer of Sugaree (we or our or us or service). A customer is anyone who is accessing or using the Services for the purpose of purchasing an item or product, sharing, displaying, or uploading information or viewing any product, stores etc without having any limitation.
2. Restaurants/outlets/home bakers:
Restaurants/outlets/home bakers or vendors refers to those who are registered or listed in the Sugaree mobile app platform and website who will sell their product (or items) or display their product through our services.
3. Content:
Content includes all the information or data, photo, product/items details, audio, video, location and any other details which are stored in the Sugaree mobile app platform and websites. Customer or your content means it includes all the information you have given during the accessing or using the Sugaree mobile application and websites which have been mentioned in the privacy policy. Please read the privacy policy carefully. Sugaree or our content means it includes all the images or photos or visuals, offers, coupons, various features, posters, leaflet, software, programming code, data, all the product/items, ratings, report, documents, all other media, privacy policy, terms of services, guidelines and policies and all other content other than your content and third-party content which are associated with your account. "Third Party Content" means it includes all the content other than customer content and Sugaree content which are associated with your account for providing services to you.
(IV) Eligibility to use of our (or Sugaree) services
1. You should be at least thirteen (13) years of age or above and are fully able, understand and agree to all the terms of services, privacy policy, guidelines provided when you are using Sugaree mobile application and websites. Also, your parents have provided full consent to you for using all of the services, facilities which are available in Sugaree mobile applications and websites. Sugaree never knowingly sell age -restricted products to the people under the legal age of purchase.
2. You should follow and are in compliance and order with all laws and regulations in the country in which you live when you are accessing and using all the services of Sugaree in such a way that you will not violate our legal rights, privacy policy, terms of services and guidelines or those of any third party(ies).
(V) Changes to the terms of services (or terms and conditions)
We reserve the right to amend Sugaree’s terms and conditions (or terms or terms of services) from time to time when it will be necessary or/to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check and review the Sugaree’s terms periodically for changes. We shall post if we shall make any vast changes in the terms. Your continued use of the Sugaree’s services and the changes to Sugaree’s terms will constitute your consent and acceptance of those changes.
(VI) Translation of the terms
Terms of Sugaree are made in English language. If you are not able to understand, you may translate these terms into any convenience language by using any trusted third-party software or website or application and then read all the terms and policies before accessing or using the services. Under any circumstances, Sugaree will not be liable for misinterpretation or missed information while translating to any other language from English.
(VII) Provision of the services which is being offered by Sugaree
1. Sugaree is constantly developing and updating in order to provide the best possible services, information and experience to all the customers and vendors. Sugaree reserves the right to make modification, changes, alternation, discontinue, accepting, rejecting, suspend/cancel, or discontinue any or all products or services at any time with or without prior notice to you, you agree and understand about these provision and rights before using or accessing services of Sugaree.
2. The Sugaree mobile application or software that is available for download and you can download and install into your device which may have functionality of automatically upgrades or notification for updates or any types of notification, shown in your device. You agree, understand and consent about the availability of such types of upgrades, notifications etc. and these are considered part of the services. You may opt out of this functionality from your device settings or if your device does not allow such types of upgrades or updates or notification then you may not be able to upgrade the App.
3. You understand and agree that Sugaree can suspend or disable or cancel your account and you cannot get the access to the use/see your content.
4. We undertake continuous research, experiment and trial n error test from time to time for improving the features or facilities or security or various services through Sugaree mobile application and websites so that you can get better experience and more convenient for using or accessing the various services of Sugaree. As a result, you can experience features or services differently as compared to other times.
5. Sugaree reserves the right to charge a subscription and/or membership and/or a convenience fee from a customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Sugaree Platform anytime in future.
6. Sugaree introduces discount, coupons, referral code, incentive point or any other types of programs to customers from time to time. These will be having certain terms and conditions that may apply with you if you participate in the above said programme and you agree and understand about these programs and their terms and conditions. If you violate any rules, terms and conditions then Sugaree reserves their rights to suspend or terminate your account, credits or points or incentive points and participation of you in the programme. Also, Sugaree reserves the right to modify, change and discontinue such programs with or without prior notice to the customer.
7. Sugaree does not make any warranties about the validity, authenticity, reliability and accuracy of the license, registration, certification or any information displayed in the regards to restaurants/outlets/home bakers or vendors. Any reliability or believe by a customer upon the registration, licenses , certification and any kind of information of restaurants/outlets/home bakers or vendors shall be strictly at yours or customer’s own risk and Sugaree in no matter shall take any liability or responsibilities whatsoever for any losses or damages in connection with the use of this kind of information or for any inaccuracy, invalidity or discrepancy in the certification or license or registration or non-compliance of any applicable local laws or regulations by the restaurant/outlets/home bakers or vendor partner.
(VIII) Use of services by the you or Customer
1. You should register or create an account in Sugaree mobile application and websites by providing your name, phone number, email id and password for accessing or using services or various features or programs of Sugaree. All the personal information or all the data or log files or cookies and beacons or your login details, payment card information, third party accessing, you have given to us during the account creation or accessing or using the services of Sugaree is under our Privacy Policy. Please read the privacy policy carefully.
2. You agree that all the information or data whatsoever you have provided for accessing or using Sugaree is true, accurate and correct, and that you will update your information as and when it will be necessary.
3. If you are creating an account for doing business or sell or display your product or items through us or Sugaree, then you represent to us that you are the owner or authorized person of such business. You acknowledge, agree and understand that providing any false, inaccurate, incomplete information or any unauthorized or unknown third-party access to the claiming of your business may cause our or Sugaree or our third parties to incur substantial economic damages and losses for which you may be held liable and accountable as per the law of jurisdiction.
4. You agree, consent, liable or responsible for any activities or changes that occur in your account. We assume that you have provided authorization to do that. You also agree to notify us immediately if you feel any unauthorized or any unknown third-party access into your Sugaree account.
5. You agree to receive push notification, SMS, notification for upgrades or updates Sugaree app and websites. Also, you might receive notification of comments, likes from other customers or other customers which may follow your activity, comments, reviews which you do in your Sugaree account. You can opt-out or manage your account through Sugaree software platform or device you have used for accessing the services or you can write to us at [email protected]
(IX) Content guidelines and privacy policy
1. Content GuidelinesYou represent that you have read, understood and agreed to our Guidelines and Policies related to the Content
2. Privacy PolicyYou represent that you have read, understood and agreed to Sugaree’s Privacy Policy. Please note that we collect, use, disclose or share your information about you. Please read the privacy policy carefully.
(X) Customer feedback
1. If you share review, msg, documents, images, audio, video, suggestion or any kind of feedback to the Sugaree services or business, you agree and understand that your content or such feedback or suggestion does not contain any type of confidential information of any other parties or third parties. We are not liable or responsible for storing or collecting such type of confidential information.
2. Please provide correct, and specific feedback with respect to the services of Sugaree and our business. Our policy does not permit you to provide unethical, incorrected or falsified information or feedback in the public post under any circumstances.
3. You can share any new, real, good, valid and solicit idea which is not used in other places or services to Sugaree for improving our business and enhancing the functionality and services.
4. You agree and understand that your submissions of any idea, suggestion, feedback and their contents will automatically become the property or content of Sugaree, without providing any compensation to you. You also agree that Sugaree may share your submissions and content to any third party for the purpose of use of Sugaree and there is no obligation for Sugaree to keep any submission confidential and no obligation to review, use, disclose the submission and their content.
(XI) Content:
1. Ownership of Sugaree Content and Proprietary Rights:
We are the copyright owner of our own Sugaree services, mobile application, websites, trade name, logos, all other intellectual property and content associated with Sugaree. Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge the content which is genuine, real, and developed, prepared or revised by us for protecting Sugaree’s intellectual property. You also acknowledge some content which is confidential to disclosure without prior consent of Sugaree. You agree to protect the Sugaree’s proprietary right and all other intellectual property. Violation of the law of proprietary rights, intellectual property by any users or customers or restaurants/outlets/home bakers or vendors, or any other users, Sugaree will take necessary action on it.
2. Your License to Sugaree Content
Sugaree provides you a personal, non-exclusive and non-transferable license to access and use all the services, contents which are made available in Sugaree mobile application and websites with due consent of you. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. We assume that you are authorized to use your account through your registered email id and password with the same name and other information. We assume that you have taken all risks associated with your content, information including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable.
3. Sugaree License to your or customer content
By submitting your information or content while you are using the services of Sugaree, you hereby give the permission or license to us for accessing, collecting, using, changing, modifying, reformatting, copying, sharing or disclosing of your content with your consent which is completely a royalty free, unpaid, transferable, non-exclusive and non-taxable.
4. Content removal/delete/block/disable
We reserve our right to remove, block, disable or delete any content or information at any time without prior notice to the custom if that content or information violates the terms and conditions of Sugaree and the content has been considered to be objectionable. You agree and understand about these terms and you may be subjected to no longer use of services of Sugaree till further notice or complete the dispute. According to the law of jurisdiction, we are not allowed to return your content to you under any circumstances.
5. Third party content and link:
Before using or accessing any third-party content and links which are associated with Sugaree or which you may connect a Sugaree account with their services, we suggest you read their privacy policy and terms and conditions. We are not liable or responsible for happening any illegal activities or unauthorized activities with you and your content or information or data for using such type of third-party content and link. You agree and consent that we may share your personal information or data to third parties which are supported or associated with our business for fulfilling your demand and facilities for using the various services of Sugaree. Please read our privacy policy and third party’s privacy policy before using or accessing our services and third parties’ services through our online platform.
6. Customer review and feedback
We are the neutral platform through which we have provided various services, features and facilities to customers or you. We connect the restaurants/outlets/home bakers and you or customers through our online platform for providing our best services. Any review is given on restaurants/outlets/home bakers by you, we are not liable or responsible to give an answer or reply on that review. Our opinion is not counted on that review. Further we suggest the restaurant/outlets/home bakers give a reply on that review or they may contact the customer directly for clarifying the doubt or giving an answer or giving a confession on it. If the restaurants/outlets/home bakers feels that customer violates the Sugaree policies or rules and regulations or terms and condition, they may write to us at [email protected] and Sugaree or we shall take the necessary action as per the law or the terms and condition or policies which you are agree for using or accessing our services.
(XII) Additional terms and conditions for customers or you
1. Online ordering:
You or customers who have the access or account on Sugaree mobile application and websites, only can give or place online orders of the product, items or food which are given in the form of a menu and these are maintained by restaurants/outlets/home bakers or vendors who are listed for doing business with Sugaree.We assume that you are authorized from your registered credential with Sugaree to place an order from the menu of any restaurant/outlets/home bakers you want through the Sugaree mobile application and/or websites. Delivery your order which is placed by you will be undertaken and fully responsible by Sugaree as per the terms of services. You agree and consent that your ordering food or product or items through Sugaree will be delivered to you by the assigned delivery boy of Sugaree.You agree that you will not threaten and blackmail or scold any of the delivery boys which are assigned by Sugaree for delivering your food and treat them with respect.Sugaree takes care to keep the updating the price of items or product or food which are provided by restaurants/outlets/home bakers or vendors and also advises the restaurant/outlets/home bakers to do the same by their ends. The price is shown with all the items and the final e-bill is different due to adding tax and extra charges (5% GST + 18% GST) following the norms laid down by the Government of India, delivery charges (depending on the distances) which are clearly mentioned in the e-bill which is shown when you purchase an item or food or product from Sugaree. You agree and understand these features and content of Sugaree.2. Refund Policy:
Users may be entitled to a refund for Prepaid Orders Only. User may ask for refund through the Sugaree Application if the following criteria will be satisfied-
User can place the order and can cancel the same prior to the confirmation of order from the restaurant/outlets/home bakers, you will get 100 % refund if you had made payment successfully to Sugaree through our App and website within 1-3 working days.If a restaurant/outlets/home bakers cancels the order after confirmation from their side, the customer will get 100 % refund if you had made payment successfully to the Sugaree through our App and website within 1-3 working days.If an order/items/product placed by a customer is unintentionally misplaced by any other items or packaging is either tampered or damaged at the time of delivery; wrong order being delivered, then the customer will get 100 % refund if he/she had made online payment successfully through our App or website within 1-3 working days. This refund will only applicable if you are able to show the proof before opening the seal of your food (seal of Sugaree). When you will arise the refund request in the Sugaree Application, you should select and write the proper reasons for refund and also should attaché the proof by sending video or images. If you are not able to show or not able to justify then you will not applicable to any kind of refund.You are not eligible for a refund if delay due to the natural disaster, strikes, traffic jams, restaurants/outlets/home bakers are not able to prepare the food on time or any other unforeseen reason. Your order may be cancelled by Sugaree if you are unresponsive, not reachable, unavailable or providing wrong address for delivery during or at the delivery or fulfillment of the services offered to you which results in unnecessary delay of delivery services and you will not be eligible for any refund. 3. Cancellation Policy:
Generally, Users cannot be entitled to cancel Order once they placed. They can choose to cancel the placed Order prior to the confirmation of order from the restaurant/outlets/home bakers. However, Sugaree reserves the right to cancel any refund to users to a cancellation initiated by user even if the same is within prior to the confirmation of order from the restaurant/outlets/home bakers, subject to user’s previous cancellation history followed by deactivation of account, as may be necessary in the sole discretion of Sugaree. If Users cancels their Order after confirmed the order by restaurant/outlets/home bakers, Sugaree reserve right to impose a penalty of 100% of the Order amount which will be adding in the Subsequent Order and can also disable the cash on delivery facility until the complete amount will be collected, for breach of contract terms as a compensation for the damages suffered by Sugaree. Sugaree also reserve right to either not to refund the Order value in case User’s Order is prepaid or want to recover from the User’s subsequent Order in case his/her Order is COD, to compensate the Previous order.Sugaree reserves the right to collect a penalty for the Orders constrained to be cancelled by Sugaree for reasons not attributable to Sugaree, including but not limited to:
In the event if the address provided by Users is either wrong or falls outside the delivery zone.In the event if failure to contact User by phone or email or SMS at the time of delivering the Order.In the event if failure to deliver User Order due to lack of information, direction or authorization from User at the time of deliveryIn the event if the unavailability of all the items ordered by User at the time of booking the Order or In the even if the unavailability of all the items ordered by User at the time of placing the Order. However, Sugaree will contact the User on the phone number registered to Sugaree at the time of placing the Order and inform User of such unavailability. In such an event User will be entitled to cancel the entire Order and shall be entitled to a refund to an amount 100% of the Order value.In case of cancellations for the reasons attributable to Sugaree, Sugaree shall not collect any penalty from the User.(XIII) Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
YOU AGREE AND UNDERSTAND THAT WHATSOEVER YOU USE OR ACCESS THE SERVICES OF SUGAREE WHICH IS AVAILABLE THROUGH MOBILE APPLICATION AND WEBSITES AND THAT SERVICES SHALL BE AT YOUR OWN RISK. SUGAREE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPLICATION AND WEBSITES EXCEPT
ERRORS, MISTAKES, INACCURACIES, INCORRECT, FALSIFIED, INVALID OR UNAUTHENTICATED OF CONTENT OR ANY INFORMATION PERSONAL INJURY, ANY PROPERTY DAMAGE, DEVICE OR SYSTEM DAMAGE OR ANY OTHER TYPES OF DAMAGES (NOT HAVING ANY LIMITATION) RESULTING FROM YOUR ACCESS OR USE OF THE VARIOUS SERVICES OF SUGAREE: MOBILE APPLICATION AND WEBSITES.ANY UNAUTHORIZED OR UNETHICAL ACCESS TO OR USE OF OUR SERVERS AND/OR STOLEN ANY AND/OR ALL PERSONAL INFORMATION OR CONTENT.ANY INTERRUPTION OR UNAUTHORISED OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERSATTACK OF ANY BUGS, VIRUSES, PHISHING, MALWARE OR ANY OTHER TYPE ONLINE OR SOFTWARE AND HARDWARE THREAT WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY SERVICES, ANY OTHER ONLINE APPLICATION OR LINK.ANY LOSS OF YOUR DATA, INFORMATION OR CONTENT FROM THE SERVICES OR FROM YOUR DEVICE, COMPUTER, MOBILE OR SERVER.THE DISCLOSURE, SHARE OR USE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY.YOUR FAILURE TO KEEP YOUR LOGIN PASSWORD, IMPORTANT CONTENT, IMPORTANT INFORMATION OR ACCOUNT DETAILS SECURE.2. Indemnities:
YOU AGREE TO INDEMNIFY THE SUGAREE AND OUR BELONGING FROM AND AGAINST ANY THIRD-PARTY CLAIMS, ANY TYPES OF DAMAGES (ACTUAL AND/OR CONSEQUENTIAL), ACTIONS, PROCEEDINGS, DEMANDS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) SUFFERED OR REASONABLY INCURRED BY US ARISING AS A RESULT OF, OR IN CONNECTION WITH:
YOUR CONTENT OR PERSONAL INFORMATION.UNAUTHORIZED USE OF VARIOUS SERVICES OF SUGAREE. YOUR VIOLATION OF ANY RIGHTS, PRIVACY POLICY OR TERMS OF ANOTHER THIRD PARTY, CUSTOMER OR ANY OTHER USERS STOLLEN ANY THIRD-PARTY CONTENT AND THEIR INTELLECTUAL PROPERTY. WE RESERVE THE EXCLUSIVE RIGHT TO SETTLE, COMPROMISE AND PAY, WITHOUT YOUR PRIOR CONSENT, ANY AND ALL CLAIMS OR CAUSES OF ACTION WHICH ARE BROUGHT AGAINST US. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENCE OF THESE CLAIMS. YOU AGREE AND UNDERSTAND NOT TO SETTLE ANY MATTER IN WHICH WE ARE NAMED AS A DEFENDANT AND/OR FOR WHICH YOU HAVE INDEMNITY OBLIGATIONS WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.3. LIMITATION OF LIABILITY:
THE SUGAREE WILL NOT LIABLE OR RESPONSIBLE TO YOU FOR ANY DAMAGES, RESULTING FROM ANY
ERRORS, MISTAKES, INACCURACIES, INCORRECT, FALSIFIED, INVALID OR UNAUTHENTICATED OF CONTENT OR ANY INFORMATION.PERSONAL INJURY, ANY PROPERTY DAMAGE, DEVICE OR SYSTEM DAMAGE OR ANY OTHER TYPES OF DAMAGES (NOT HAVING ANY LIMITATION) RESULTING FROM YOUR ACCESS OR USE OF THE VARIOUS SERVICES OF SUGAREE: MOBILE APPLICATION AND WEBSITES.ANY UNAUTHORIZED OR UNETHICAL ACCESS TO OR USE OF OUR SERVERS AND/OR STOLEN ANY AND/OR ALL PERSONAL INFORMATION OR CONTENT.ANY INTERRUPTION OR UNAUTHORISED OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERSATTACK OF ANY BUGS, VIRUSES, PHISHING, MALWARE OR ANY OTHER TYPE ONLINE OR SOFTWARE AND HARDWARE THREAT WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY SERVICES, ANY OTHER ONLINE APPLICATION OR LINK.ANY LOSS OF YOUR DATA, INFORMATION OR CONTENT FROM THE SERVICES OR FROM YOUR DEVICE, COMPUTER, MOBILE OR SERVER.THE DISCLOSURE, SHARE OR USE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY.YOUR FAILURE TO KEEP YOUR LOGIN PASSWORD, IMPORTANT CONTENT, IMPORTANT INFORMATION OR ACCOUNT DETAILS SECURE.4. Rights of changes to the terms of services:
We reserve the right to amend Sugaree’s terms of services from time to time when it will be necessary or/to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check and review the Sugaree’s terms of services periodically for changes. We shall post if we shall make any vast changes in the terms. Your continued use of the Sugaree’s services and the changes to Sugaree’s terms of services will constitute your consent and acceptance of those changes.
5. Termination of account from Services of Sugaree:
You agree and understand that we may terminate or cancel or deactivate your business account from Sugaree for any reason or no reason with or without prior notice to you, including your:
Violation of these Terms and Condition, Terms of Services, Privacy Policy or Guidelines and Policies; Unauthorized access from your account; Copyright issues; Further, you agree that we shall not be liable or responsible for termination of your account or service from any third-party services.6. General terms:
Severability:
If any provision of these Terms and Condition (or terms) is seem to be unlawful, invalid, or unenforceable by a judicial court for any reason, then we shall remove or evoke that provision from these terms, and the rest of terms shall be continued in full force and effect.
Binding Effect and Assignment:
You shall not assign or transfer or share or sell this contract between you and us to any other third person or any other person or any other unauthorized person.
Governing Law
The terms and condition with Sugaree shall be governed by the laws of India. The District Session Court, Dibrugarh shall have exclusive jurisdiction over any dispute arising under these terms.
You should commence any legal action against us if you feel that we violate any law or we are not following our terms, then you will get one (1) year to showcase your allegation against us from the day of allegation initially start or occur. Failure to commence the action or showcase your allegation legally within that period, we assume that we shall not be involving or not liable or not responsible for any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary.
Jurisdiction
The parties irrevocably attorn to the jurisdiction of the session court of Dibrugarh, Assam, which will have non-exclusive jurisdiction over any matter arising out of this Agreement
Modification and Waiver
No waiver of satisfaction of a condition, non-performance of an obligation, or modification of any provision under this Agreement shall be effective unless it is in writing and signed by the party granting the waiver. No waiver under this section affects the exercise of any other rights under this Agreement.
7. Notice of copyright issues
We or Sugaree are not liable or responsible for publishing, sharing, advertising or using any other third party’s privacy policy, terms of services or any other content in the Sugaree online platform which may be provided or published or shared by any other end users, customers, vendors, restaurants/outlets/home bakers. We respect everyone’s privacy policy, terms of services and their intellectual property. If anyone will notify the same to us, we shall take strict action on the users who will do such type of suspicious activities and we shall suspend their account for whole life. Also, we shall remove or delete such type of link or content if anyone notify us about the copyright issues. For complaining or notifying such type of issues, you may contact or write to us at [email protected]
8. Contact us
If you have any queries relating to the Sugaree’s policies and terms of services and information provided by us, you can contact us through following
Name: Sugaree - A online food ordering and delivering services
Address: Jail Road, Khalihamari, Dibrugarh., Assam 786001
Call: +91-8822079378
Email: [email protected]
Websites: www.Sugaree.in