Introduction:
Thank you for joining the Bizlify community. We’re excited that you have decided to use our services. The “Services” consist of an Online Food Ordering Platform connected to the Partner Restaurant’s Website, Social Media Platforms, and a Restaurant Management Platform or Dashboard. The Services provided are subject to the following Terms of Use that need to be read, understood, and agreed to, or we ask you not to use the Services. By accessing and using the Service, you acknowledge that you have done the needful and are now legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy. The Privacy Policy is incorporated within this “Agreement” by reference. If you do not agree to the Terms of Use, please abstain from using the Services.
About Us:
Bizlify is an Online Food Ordering Platform operated by Anxion Web tech Private Limited.(“TechWebLabs,” “Bizlify,” “we,” “us,” or “our”) that provides your restaurant with a branded app that allows you to market your food with data and analytics. While you can place orders through the Services, Bizlify does not sell any products in your order, nor are we party to any such transaction. We are not responsible for the quality or safety of the products. Your order details remain between you and the Partner restaurant. Restaurants might indicate food allergen and preparation standards through Bizlify. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the restaurants. Suppose you or any other person consuming a menu item has food allergies or needs. In that case, Bizlify is not responsible for any statements or omissions concerning the products contained in your order.
Account Registration:
● Creating an account is mandatory for the services offered by Bizlify.
● Bizlify requires the legal name, phone number and valid email address, and any other information indicated as required for account registration.
● You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
● Bizlify is not responsible for your password security. We are not liable for any loss or damage owing to failure to maintain the safety of your Account and password.
● In case of a breach of any of the above terms, Bizlify reserves the right to suspend or deactivate your Account in its sole discretion without cause within two days advance notice before termination and with reason after the reasonable opportunity of 15 days for any unlawful act or act in breach of terms and condition of this Agreementor violation of any Statute, Act, rules, bylaws, etc. or applicable law.
General:
The Bizlify Platform is made available by Anxion Web Tech Private Limited (“Bizlify,” “Company,” “we,” “us,” and “our”), a private company established under the laws of India, having its registered office at 1st Floor, Spline Arcade, Flat no 102, Plot no 1208, Ayyappa Society, Madhapur, Telangana 500081.”Merchants” refer to persons who can use their accounts on Bizlify’s Platform to build their online stores (“Stores”), which can be accessed by customers (“Customers”) on the Domain. Merchants can also avail of various Services (as described above), including from third-party service providers (“Partners”). Merchants, Customers, and Partners are collectively referred to as “You” / “Your.” The term “Services” refers to any services offered by Bizlify, including but not limited to:
● Providing access to the Bizlify Platform, with the included tools, menus, software,options, features, and functionality, as an integrated Software As a Service (“SAAS”) solution to enable Merchants to register with us and create customized, bespoke,online Stores which can be used by Customers who visit them to purchase products and services from the Merchants;
● Providing a subdomain within the Domain where Stores can be hosted by Merchants and accessed by Customers;
● Providing data analytics services to Merchants to help them track and evaluate customer interactions and transactions that take place in the Stores; and
● Providing, either directly or by enabling various Partners, access to multiple services such as delivery, logistics, payment solutions, advertising, etcFor these Terms, unless define here under, all capitalized terms shall have the meaning ascribed to them in the Privacy Policy. Please read these Terms carefully before you access the Bizlify Platform or use the Services. If you do not agree to these Terms, please do not use the Bizlify Platform or avail of our Services, and we request you to uninstall the application. By installing, downloading, or even merely accessing the Bizlify Platform or Stores, you shall be contracting with Bizlify, and you signify your acceptance to this Terms and other Bizlify policies (including but not limited to the Privacy Policy) as posted on the Bizlify Platform or Stores, and as amended from time to time. As a Merchant, you agree to comply with your obligations under these Terms. You further agree to have a public-facing privacy policy, terms and conditions, and other policies, in compliance with applicable laws, to detail and govern your relationship with Customers who access your Store and adequately inform them about such terms and how your Store operates.
Amendments:
The Company reserves the right to change or modify these Terms or any policy or guideline of the Bizlify Platform, including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Bizlify Platform. While the Company will periodically inform you of the Terms or any material changes to the Terms that the Company makes, you are responsible for checking this page regularly to make a note of any changes. Your continued use of the Bizlify Platform or the Services means that you accept and agree to the changes in the Terms.
By (i) using this Bizlify Platform or availing any of our Services;
(ii) visiting the Bizlify Platform;
(iii) downloading the Bizlify application; or
(iv) visiting a Store hosted using the Bizlify Platform, you agree that you have read, understood and agreed to be bound, including without limitation, by these Terms, the Privacy Policy and such other rules, guidelines,policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, to access the Bizlify Platform, or avail any of our Services, and such rules,guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. The Bizlify Platform is operated, Services are provided in compliance with the laws in India,and Company shall not be liable to provide any Services to you in locations outside India. If you access our Services from locations outside India, you do so at your own risk and are solely liable for compliance with applicable local laws. Where you use any third-party website or the services of any third party, such as a payment gateway or logistics partner,you may be subject to alternative or additional terms and conditions of use and privacy policies.
Services:
1. For Merchants:
The Company offers you various tools and services. Any new features or tools added to then current Services will also be subject to these Terms, and you are encouraged to visit this page and review them periodically. Your continued use of the Bizlify Platform or the Services, or operation of a Store, means that you accept and agree to the Terms and their extension to such new features and Services. Further, some of the Services may be provided by third-party Partners of the Company. Such third-party Partners may have alternative or additional terms and conditions that may apply to you (“Additional Terms”). You are responsible for reviewing and agreeing to such terms and conditions. Additionally, in the event of a conflict between the Terms and the Additional Terms, the conditions set out in the Additional Terms will prevail concerning that particular Service.
1. For Customers:
When you visit a Store created by any Merchant on the Bizlify Platform, you are bound by the terms and conditions of such Store. The Company has no control over products or services made available through such Stores and does not have any privity with you. The authenticity, accuracy, or genuineness of the products and services made available by the Merchants through the Stores is the sole responsibility of the relevant Merchant operating such Stores. The Company shall have no liability with respect to the authenticity of any transactions on the Stores or the Customer’s access to and use of the Stores.While our Terms require Merchants to operate their Stores in compliance with applicable laws, you acknowledge that Bizlify is not responsible for, and has no control over, the practices and Content of the terms of use of the Merchants, Stores, or Partners. You are therefore requested to refer to the terms of the relevant Store or the relevant Partner to understand how those terms govern your relationship with them.
Deliveries:
Partner Restaurants using the Services do not deliver to every location. If the Partner Restaurant currently does not deliver to your area but you would like it to, please let them know. Bizlify, not being the delivery services or its agent, makes no express or implied warranty of any kind whatsoever with respect to the delivery services and disclaims any such warranties that might otherwise exist.
Payment Gateway:
The Service or mobile application may contain links to third-party websites or resources. You acknowledge and agree that Bizlify is not responsible or liable for the following:
a. the availability or accuracy of such websites or resources; or
b. the Content, products, or services on or available from such websites or resources. Bizlify uses Cashfree for payment processing services. Using the Cashfree payment processing services, you agree to the Cashfree Payment Services Agreement available at https://www.cashfree.com/tnc/
Intellectual Property:
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Bizlify (collectively referred to as the “Content”). The Content may be owned by third parties or by us. Copyright laws and treaties around the world protect the Content. Unauthorized use of the Content may violate copyright, trademark, and other laws.You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property in the Bizlify Platform and the material published on it, including but not limited to the user interface, layout format and any content thereof. You recognize that the Company is the owner of the logo, including but not limited to its variants (IPR) as well as the domain name [“bizlify.in”] and shall not directly or indirectly attack or assist another in attacking the validity of, or Bizlify’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and any territory throughout the world.
If you become aware or acquire knowledge of any infringement of IPR, you shall report the same at [email protected] with all relevant Information.You may print one copy and download extracts of any page(s) from the Bizlify Platform for reference. You may draw the attention of others within your organization to the Stores and other material available on the Bizlify Platform.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must not use any part of the materials on the Bizlify Platform for commercial purposes without obtaining a license to do so from us or our licensors.If you print, copy or download any part of the Bizlify Platform in breach of these Terms, your right to use the Bizlify Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.If you are a Merchant operating a Store, we ask that you respect the intellectual property rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the Accounts of repeat infringers.
Violation of terms:
You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Bizlify Platforms and block your future access to the Bizlify Platforms if Company determines that you have violated these Terms or Additional Terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to Company, for which monetary damages would be inadequate. You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Bizlify Platform for cause, which includes (but is not limited to):
1. requests by law enforcement or other government agencies;
2. a request by you (self-initiated account deletions);
3. discontinuance or material modification of the Bizlify Platform or any Service offered on or through the Bizlify Platform; or unexpected technical issues or problems. Suppose the Company takes any legal action against you due to your violation of these Terms. In that case, Company will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.
Termination:
The Terms will continue to apply until terminated by either you or Company as set forth below. If you want to terminate your Agreement with the Company, You may do so by (i) not accessing the Bizlify Platforms; or (ii) closing your Accounts. The Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
● You breach any of the provisions of the Terms, the Privacy Policy, or any other terms,conditions, or policies that may apply to you from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
● Company is required to do so by law (for example, where the provision of the services hereunder to you is, or becomes, unlawful);
● The provision of the Services to you by the Company is, in Company’s opinion, no longer commercially viable;
● Company has elected to discontinue, with or without reason, access to the Bizlify Platform, the Services (or any part thereof); or
● The Company may also terminate or suspend all or a portion of your Account or access to the Services with or without reason.
Except as may be outlined in the Terms applicable to a particular service, termination of your Account may include the following:
1. Removal of access to all offerings within the Bizlify Platform or concerning the Services.
2. Deletion of your materials and Account Information, including your Personal Information, log-in ID and password, and all related Information, files, and materials associated with or inside your Account (or any part thereof).
3. Barring further use of the Services. You agree that all terminations shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information) or your access to the Bizlify Platform or the Services. Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If you or Company terminates your use of the Bizlify Platform, Company may delete any content or other materials relating to your use of the Bizlify Platform, and Company will have no liability to you or any third party for doing so.
Indemnity:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bizlify partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of an (a) any actual or alleged breach of your representations, warranties, or obligations outlined in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights.
Liability:
Although we take our customers’ satisfaction very seriously, if you have any problems with your food order, including any delivery services, please get in touch with the restaurant directly. Your order is between you and the restaurant from which you order, and Bizlify is not an actual party to any such order.The Content and the services are provided on an “as is” and “as available” basis without warranties. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non–infringement of third parties’ rights, and fitness for a particular purpose and any warranties arising from a course of dealing of performance, or usage of trade. In connection with any warranty, contract, or common law tort claims: we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of inability to access and use the services or the Content, even if we have been advised of the possibility of such damages.Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you. The services and/or the Content may contain technical inaccuracies, typographical errors, or omissions, including with respect to allergy information and/or food preparation standards.
We are not responsible for any such typographical, technical, pricing, or other errors listed on or omitted from the services and/or the Content. The services and the Content contain Information on our participating restaurants’ products, not all of which are available in every location. A reference to a product on the services or in the Content does not imply that such
product is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the services and the Content at any time without notice.
We reserve the right to cancel or modify an order where a customer has engaged in a fraudulent or inappropriate activity or under other circumstances where the order contains or resulted from a mistake or error. In addition, we reserve the right to report any fraudulent or inappropriate conduct to appropriate authorities at our discretion.
Governing Law:
The listed Terms and Conditions shall be governed by and construed per the laws of India only.
Communications:
With the signing of this Agreement, you agree and grant permission to Bizlify to send you promotional SMS and emails from Bizlify or allied Partners. If you wish to opt out of receiving promotional SMS or email, please send a mail to [email protected].
Severability:
Suppose the laws of any state or country conflict with the Terms, then within the jurisdiction. In that case, the term is illegal, invalid, or unenforceable and shall be severed and deleted from the Agreement. The remaining Terms will remain valid and continue to be binding and enforceable.
Waiver:
Failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right. Bizlify, the Partner Restaurant, or you are not responsible to each other for any delays or non-performance of its obligations under this Agreement in the case of any cause beyond control. This includes the following: an Act of God, governmental act, war, fire, flood,explosion, or civil commotion.
