(the“Site"App") and any related mobile or software applications("Happy Basket Platform") including but not limited to delivery ofinformation via the website whether existing now or in the future that link tothe Terms (collectively, the "Services").

TheseTerms are effective for all existing and future Happy Basket users, includingbut without limitation to users having access to 'restaurant business page' tomanage their claimed business listings.

Pleaseread these Terms carefully. By accessing or using the Happy Basket Platform,you are agreeing to these Terms and concluding a legally binding contract withHappy Basket and/or its affiliates or, if you are in the United States, withHappy Basket IN and/or its affiliates (hereinafter collectively referred to as"Happy Basket"). You may not use the Services if you do not acceptthe Terms or are unable to be bound by the Terms. Your use of the Happy BasketPlatform is at your own risk, including the risk that you might be exposed to contentthat is objectionable, or otherwise inappropriate.

Inorder to use the Services, you must first agree to the Terms. You can acceptthe Terms by:

       Clicking to accept or agreeto the Terms, where it is made available to you by Happy Basket in the user interface for any particular Service.

       Actually using the Services. In this case, youunderstand and agree that Happy Basket will treat your use of the Services asacceptance of the Terms from that point onwards.

 

 

Definitions

User

"User"or "You" or "Your" refers to you, as a user of theServices. A user is someone who accesses or uses the Services for the purposeof sharing, displaying, hosting, publishing, transacting, or uploadinginformation or views or pictures and includes other persons jointly participatingin using the Services including without limitation a user having access to'restaurant business page' to manage claimed business listings or otherwise.

Content

"Content"will include (but is not limited to) reviews, images, photos, audio, video, locationdata, nearby places, and all other forms of information or data. "Yourcontent" or "User Content" means content that you upload, shareor transmit to, through or in connection with the Services, such as likes,ratings, reviews, images, photos, messages, profile information, and any othermaterials that you publicly display or displayed in your account profile."Happy Basket Content" means content that Happy Basket creates andmake available in connection with the Services including, but not limited to,visual interfaces, interactive features, graphics, design, compilation,computer code, products, software, aggregate ratings, reports and otherusage-related data in connection with activities associated with your accountand all other elements and components of the Services excluding Your Contentand Third Party Content. "Third Party Content" means content thatcomes from parties other than Happy Basket or its users and is available on theServices.

Restaurant(s)

"Restaurant"means the restaurants listed on Happy Basket and any related mobile or softwareapplications of Happy Basket.

Eligibility to use the services

        You hereby represent andwarrant that you are at least eighteen (18) years of age or above and are fullyable and competent to understand and agree the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms.

            Compliance with Laws. Youare in compliance with all laws and regulations in the country in which youlive when you access and use the Services. You agree to use the Services onlyin compliance with these Terms and applicable law, and in a manner that doesnot violate our legal rights or those of any third party(ies).  

Changes to the terms

 HappyBasket may vary or amend or change or update these Terms, from time to timeentirely at its own discretion. You shall be responsible for checking theseTerms from time to time and ensure continued compliance with these Terms. Youruse of Happy Basket Platform after any such amendment or change in the Termsshall be deemed as your express acceptance to such amended/changed terms andyou also agree to be bound by such changed/amended Terms.

Translation of the terms

HappyBasket may provide a translation of the English version of the Terms into otherlanguages. You understand and agree that any translation of the Terms intoother languages is only for your convenience and that the English version shallgovern the terms of your relationship with Happy Basket. Furthermore, if thereare any inconsistencies between the English version of the Terms and itstranslated version, the English version of the Terms shall prevail over others.

Provision of the services being offered by Happy Basket

HappyBasket is constantly evolving in order to provide the best possible experienceand information to its users. You acknowledge and agree that the form andnature of the Services which Happy Basket provides, may require effectingcertain changes in it, therefore, Happy Basket reserves the right tosuspend/cancel, or discontinue any or all products or services at any timewithout notice, make modifications and alterations in any or all of itscontents, products and services contained on the site without any prior notice.

We, thesoftware, or the software application store that makes the software availablefor download may include functionality to automatically check for updates orupgrades to the software. Unless your device, its settings, or computersoftware does not permit transmission or use of upgrades or updates, you agreethat we, or the applicable software or software application store, may providenotice to you of the availability of such upgrades or updates and automaticallypush such upgrade or update to your device or computer from time-to-time. You maybe required to install certain upgrades or updates to the software in order tocontinue to access or use the Services, or portions thereof (including upgradesor updates designed to correct issues with the Services). Any updates orupgrades provided to you by us under the Terms shall be considered part of theServices.

Youacknowledge and agree that if Happy Basket disables access to your account, youmay be prevented from accessing the Services, your account details or any filesor other content, which is contained in your account.

Youacknowledge and agree that while Happy Basket may not currently have set afixed upper limit on the number of transmissions you may send or receivethrough the Services, Happy Basket may set such fixed upper limits at any time,at Happy Basket's discretion.

By using Happy Basket's Services you agree tothe following disclaimers: 

TheContent on these Services is for informational purposes only. Happy Basketdisclaims any liability for any information that may have become outdated sincethe last time the particular piece of information was updated. Happy Basketreserves the right to make changes and corrections to any part of the Contenton these Services at any time without prior notice. Happy Basket does notguarantee quality of the Goods, the prices listed in menus or the availabilityof all menu items at any restaurant. Unless stated otherwise, all pictures andinformation contained on these Services are believed to be owned by or licensedto Happy Basket. Please email a takedown request (by using the "ContactUs" link on the home page) to the webmaster if you are the copyright ownerof any Content on these Services and you think the use of the above materialviolates Your copyright in any way. Please indicate the exact URL of thewebpage in your request. All images shown here have been digitized by HappyBasket. No other party is authorized to reproduce or republish these digitalversions in any format whatsoever without the prior written permission of HappyBasket.

 

Any certification,licenses or permits ("Certification") or information in regard tosuch Certification that may be displayed on the Restaurant's listing page onthe Platform is for informational purposes only. Such Certification isdisplayed by Happy Basket on an 'as available' basis that is provided to HappyBasket by the Restaurant partner(s). Happy Basket does not make anywarranties about the validity, authenticity, reliability and accuracy of suchCertification or any information displayed in this regard. Any reliance by auser upon the Certification or information thereto shall be strictly at suchuser's own risk and Happy Basket in no manner shall assume any liabilitywhatsoever for any losses or damages in connection with the use of thisinformation or for any inaccuracy, invalidity or discrepancy in theCertification or non-compliance of any applicable local laws or regulations bythe Restaurant partner.

HappyBasket reserves the right to charge subscription and/or membership fees from auser, by giving reasonable prior notice, in respect of any product, service orany other aspect of the Happy Basket Platform anytime in future.

Use ofservices by you or user

HappyBasket User Account Including 'Claim Your Business Listing' Access

 

Youmust create an account in order to use some of the features offered by theServices, including without limitation to 'claim your business listing' on theServices. Use of any personal information you provide to us during the accountcreation process is governed by our Privacy Policy. You must keep your passwordconfidential and you are solely responsible for maintaining the confidentialityand security of your account, all changes and updates submitted through youraccount, and all activities that occur in connection with your account.

You mayalso be able to register to use the Services by logging into your account withyour credentials from certain third party social networking sites (e.g.,Facebook). You confirm that you are the owner of any such social media accountand that you are entitled to disclose your social media login information tous. You authorize us to collect your authentication information, and otherinformation that may be available on or through your social media accountconsistent with your applicable settings and instructions.

Increating an account and/or claiming your business' listing, you represent to usthat all information provided to us in such process is true, accurate andcorrect, and that you will update your information as and when necessary inorder to keep it accurate. If you are creating an account or claiming abusiness listing, then you represent to us that you are the owner or authorizedagent of such business. You may not impersonate someone else, create or use anaccount for anyone other than yourself, provide an email address other thanyour own, create multiple accounts or business listings except as otherwiseauthorized by us, or provide or use false information to obtain access to abusiness' listing on the Services that you are not legally entitled to claim.You acknowledge that any false claiming of a business listing may cause HappyBasket or third parties to incur substantial economic damages and losses forwhich you may be held liable and accountable.

You arealso responsible for all activities that occur in your account. You agree tonotify us immediately of any unauthorized use of your account in order toenable us to take necessary corrective action. You also agree that you will notallow any third party to use your Happy Basket account for any purpose and thatyou will be liable for such unauthroized access.

Bycreating an account, you agree to receive certain communications in connectionwith Happy Basket Platform or Services. For example, you might receive commentsfrom other Users or other users may follow the activity to do on your account.You can opt-out or manage your preferences regarding non-essentialcommunications through account settings.

Happy Basket may from time to time introducereferral and/or incentive based programs for its users (Program). TheseProgram(s) maybe governed by their respective terms and conditions. Byparticipating in the Program, Users are bound by the Program terms andconditions as well as the Happy Basket Platform terms. Further, Happy Basketreserves the right to terminate / suspend the User's account and/or credits /points earned and/or participation of the User in the Program if Happy Basketdetermines in its sole discretion that the User has violated the rules of theProgram and/or has been involved in activities that are in contravention of theProgram terms and/or Happy Basket Platform terms or has engaged in activitieswhich are fraudulent / unlawful in nature. Furthermore, Happy Basket reservesthe right to modify, cancel and discontinue its Program without notice to theUser.

Use ofservices by you or user

HappyBasket User Account Including 'Claim Your Business Listing' Access

 

Youmust create an account in order to use some of the features offered by theServices, including without limitation to 'claim your business listing' on theServices. Use of any personal information you provide to us during the accountcreation process is governed by our Privacy Policy. You must keep your passwordconfidential and you are solely responsible for maintaining the confidentialityand security of your account, all changes and updates submitted through youraccount, and all activities that occur in connection with your account.

You mayalso be able to register to use the Services by logging into your account withyour credentials from certain third party social networking sites (e.g.,Facebook). You confirm that you are the owner of any such social media accountand that you are entitled to disclose your social media login information tous. You authorize us to collect your authentication information, and otherinformation that may be available on or through your social media accountconsistent with your applicable settings and instructions.

Increating an account and/or claiming your business' listing, you represent to usthat all information provided to us in such process is true, accurate andcorrect, and that you will update your information as and when necessary inorder to keep it accurate. If you are creating an account or claiming abusiness listing, then you represent to us that you are the owner or authorizedagent of such business. You may not impersonate someone else, create or use anaccount for anyone other than yourself, provide an email address other thanyour own, create multiple accounts or business listings except as otherwiseauthorized by us, or provide or use false information to obtain access to abusiness' listing on the Services that you are not legally entitled to claim.You acknowledge that any false claiming of a business listing may cause HappyBasket or third parties to incur substantial economic damages and losses forwhich you may be held liable and accountable.

You arealso responsible for all activities that occur in your account. You agree tonotify us immediately of any unauthorized use of your account in order toenable us to take necessary corrective action. You also agree that you will notallow any third party to use your Happy Basket account for any purpose and thatyou will be liable for such unauthroized access.

Bycreating an account, you agree to receive certain communications in connectionwith Happy Basket Platform or Services. For example, you might receive commentsfrom other Users or other users may follow the activity to do on your account.You can opt-out or manage your preferences regarding non-essentialcommunications through account settings.

OthersTerms

Inorder to connect you to certain restaurants, we provide value added telephonyservices through our phone lines, which are displayed on the specificrestaurant listing page on the Happy Basket Platform, which connect directly torestaurants' phone lines. We record all information regarding this callincluding the voice recording of the conversation between you, and therestaurant (for internal billing tracking purposes and customer serviceimprovement at the restaurant's end). If you do not wish that your informationbe recorded in such a manner, please do not use the telephone services providedby Happy Basket. You explicitly agree and permit Happy Basket to record allthis information when you avail the telephony services through the Happy Basketprovided phone lines on the Happy Basket Platform.

Youagree to use the Services only for purposes that are permitted by (a) the Termsand (b) any applicable law, regulation or generally accepted practices orguidelines in the relevant jurisdictions.

Youagree to use the data owned by Happy Basket (as available on the Services orthrough any other means like API etc.) only for personal use/purposes and notfor any commercial use (other than in accordance with 'Claim Your BusinessListing' access) unless agreed to by/with Happy Basket in writing.

Youagree not to access (or attempt to access) any of the Services by any meansother than the interface that is provided by Happy Basket, unless you have beenspecifically allowed to do so, by way of a separate agreement with HappyBasket. You specifically agree not to access (or attempt to access) any of theServices through any automated means (including use of scripts or web crawlers)and shall ensure that you comply with the instructions set out in anyrobots.txt file present on the Services.

Youagree that you will not engage in any activity that interferes with or disruptsthe Services (or the servers and networks which are connected to the Services).You shall not delete or revise any material or information posted by any otherUser(s), shall not engage in spamming, including but not limited to any form ofemailing, posting or messaging that is unsolicited.

 Content

Ownershipof Happy Basket Content and Proprietary Rights

 

We arethe sole and exclusive copyright owners of the Services and our Content. Wealso exclusively own the copyrights, trademarks, service marks, logos, tradenames, trade dress and other intellectual and proprietary rights throughout theworld (the "IP Rights") associated with the Services and Happy BasketContent, which may be protected by copyright, patent, trademark and otherapplicable intellectual property and proprietary rights and laws. Youacknowledge that the Services contain original works and have been developed,compiled, prepared, revised, selected, and arranged by us and others throughthe application of methods and standards of judgment developed and appliedthrough the expenditure of substantial time, effort, and money and constitutesvaluable intellectual property of us and such others. You further acknowledgethat the Services may contain information which is designated as confidentialby Happy Basket and that you shall not disclose such information without HappyBasket's prior written consent.

Youagree to protect Happy Basket's proprietary rights and the proprietary rightsof all others having rights in the Services during and after the term of thisagreement and to comply with all reasonable written requests made by us or oursuppliers and licensors of content or otherwise to protect their and others'contractual, statutory, and common law rights in the Services. You acknowledgeand agree that Happy Basket (or Happy Basket's licensors) own all legal right, titleand interest in and to the Services, including any IP Rights which subsist inthe Services (whether those rights happen to be registered or not, and whereverin the world those rights may exist). You further acknowledge that the Servicesmay contain information which is designated as confidential by Happy Basket andthat you shall not disclose such information without Happy Basket's priorwritten consent. Unless you have agreed otherwise in writing with Happy Basket,nothing in the Terms gives you a right to use any of Happy Basket's tradenames, trademarks, service marks, logos, domain names, and other distinctivebrand features.

Youagree not to use any framing techniques to enclose any trademark or logo orother proprietary information of Happy Basket; or remove, conceal or obliterateany copyright or other proprietary notice or source identifier, includingwithout limitation, the size, color, location or style of any proprietarymark(s). Any infringement shall lead to appropriate legal proceedings againstyou at appropriate forum for seeking all available/possible remedies underapplicable laws of the country of violation. You cannot modify, reproduce,publicly display or exploit in any form or manner whatsoever any of the HappyBasket's Content in whole or in part except as expressly authorized by HappyBasket.

To thefullest extent permitted by applicable law, we neither warrant nor representthat your use of materials displayed on the Services will not infringe rightsof third parties not owned by or affiliated with us. You agree to immediatelynotify us upon becoming aware of any claim that the Services infringe upon anycopyright trademark, or other contractual, intellectual, statutory, or commonlaw rights by following the instructions contained below in section XVI.

YourLicense to Happy Basket Content

 

Wegrant you a personal, limited, non-exclusive and non-transferable license toaccess and use the Services only as expressly permitted in these Terms. Youshall not use the Services for any illegal purpose or in any mannerinconsistent with these Terms. You may use information made available throughthe Services solely for your personal, non-commercial use. You agree not touse, copy, display, distribute, modify, broadcast, translate, reproduce, reformat,incorporate into advertisements and other works, sell, promote, createderivative works, or in any way exploit or allow others to exploit any of HappyBasket Content in whole or in part except as expressly authorized by us. Exceptas otherwise expressly granted to you in writing, we do not grant you any otherexpress or implied right or license to the Services, Happy Basket Content orour IP Rights.

Anyviolation by you of the license provisions contained in this Section may resultin the immediate termination of your right to use the Services, as well aspotential liability for copyright and other IP Rights infringement depending onthe circumstances.

 

HappyBasket License to Your or User Content

By submitting Your Content you herebyirrevocably grant Happy Basket a perpetual, irrevocable, world-wide,non-exclusive, fully paid and royalty-free, assignable, sub-licensable andtransferable license and right to use Your Content (including content shared byany business user having access to a 'restaurant business page' to manageclaimed business listings or otherwise) and all IP Rights therein for anypurpose including API partnerships with third parties and in any media existingnow or in future. By "use" we mean use, copy, display, distribute,modify, translate, reformat, incorporate into advertisements and other works,analyze, promote, commercialize, create derivative works, and in the case ofthird party services, allow their users and others to do the same. You grant usthe right to use the name or username that you submit in connection with YourContent. You irrevocably waive, and cause to be waived, any claims andassertions of moral rights or attribution with respect to Your Content broughtagainst Happy Basket or its Users, any third party services and their users.

 

You areresponsible for Your Content. You represent and warrant that you are the soleauthor of, own, or otherwise control all of the rights of Your Content or havebeen granted explicit permission from the rights holder to submit Your Content;Your Content was not copied from or based in whole or in part on any othercontent, work, or website; Your Content was not submitted via the use of anyautomated process such as a script bot; use of Your Content by us, third partyservices, and our and any third party users will not violate or infringe anyrights of yours or any third party; Your Content is truthful and accurate; andYour Content does not violate the Guidelinesand Policies or any applicablelaws. If Your Content is a review, you represent andwarrant that you are the sole author of that review; the review reflects anactual dining experience that you had; you were not paid or otherwiseremunerated in connection with your authoring or posting of the review; and youhad no financial, competitive, or other personal incentive to author or post areview that was not a fair expression of your honest opinion.

 

ContentRemoval

Wereserve the right, at any time and without prior notice, to remove, block, ordisable access to any Content that we, for any reason or no reason, consider tobe objectionable, in violation of the Terms or otherwise harmful to theServices or our users in our sole discretion. Subject to the requirements ofapplicable law, we are not obligated to return any of Your Content to you underany circumstances. Further, the Restaurant reserves the right to deleteany images and pictures forming part of User Content, from such Restaurant'slisting page at its sole discretion.

 

Thirdparty content, including content posted by our users, does not reflect ourviews or that of our parent, subsidiary, affiliate companies, branches,employees, officers, directors, or shareholders. In addition, none of thecontent available through the Services is endorsed or certified by theproviders or licensors of such third party content. We assume no responsibilityor liability for any of Your Content or any third party content. You furtheracknowledge and agree that Happy Basket is not liable for any loss or damagewhich may be incurred by you as a result of the availability of those externalsites or resources, or as a result of any reliance placed by you on thecompleteness, accuracy or existence of any advertising, products or othermaterials on, or available from, such web sites or resources. Without limitingthe generality of the foregoing, we expressly disclaim any liability for anyoffensive, defamatory, illegal, invasive, unfair, or infringing contentprovided by third parties.

UserReviews

Userreviews or ratings for Restaurants do not reflect the opinion of Happy Basket.Happy Basket receives multiple reviews or ratings for Restaurants by users,which reflect the opinions of the Users. It is pertinent to state that each andevery review posted on Happy Basket is the personal opinion of theuser/reviewer only. Happy Basket is a neutral platform, which solely provides ameans of communication between users/reviewers including users or restaurantowners/representatives with access to restaurant business page. Theadvertisements published on the Happy Basket Platform are independent of thereviews received by such advertisers. We are a neutral platform and we don'tarbitrate disputes, however in case if someone writes a review that therestaurant does not consider to be true, the best option for the restaurantrepresentative would be to contact the reviewer or post a public response inorder to clear up any misunderstandings. If the Restaurant believes that anyparticular user's review violates any of the Happy Basket' policies, therestaurant may write to us at [email protected] and bring suchviolation to our attention. Happy Basket may remove the review in its solediscretion if review is in violation of the Terms, or content guidelines andpolicies or otherwise harmful to the Services

Contentguidelines and privacy policy

Content Guidelines

You representthat you have read, understood and agreed to our Guidelines andPolices related to Content

PrivacyPolicy

Yourepresent that you have read understood and agreed to our Privacy Policy.Please note that we may disclose information about you to third parties orgovernment authorities if we believe that such a disclosure is reasonablynecessary to (i) take action regarding suspected illegal activities; (ii)enforce or apply our Terms and Privacy Policy; (iii) comply with legal processor other government inquiry, such as a search warrant, subpoena, statute,judicial proceeding, or other legal process/notice served on us; or (iv)protect our rights, reputation, and property, or that of our users, affiliates,or the general public

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