PRIVACY POLICY

Last Updated on 30th April 2020.

The operators of this website take the protection of your personal data very seriously. This Privacy Policy (“Policy”) in addition to terms of usage of our Website, applies to personal and non-personal customer information obtained by Mydigimenu about visitors and users to our Website, as well as any other source to which this Policy is linked or referenced. We treat your personal data as confidential and under the statutory data protection regulations and this privacy statement. If you use Mydigimenu Website and/or Mydigimenu SaaS Application, various pieces of personal data will be collected. 

Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

  1. Objective:

This Privacy Statement articulates the privacy and data protection principles followed by (i) for users and clients based in India,  Kimaya advisory (OPC) Private Limited; (ii) for clients and users based outside India,  QSIME DMCC UAE and all companies wholly or partially owned by it (hereinafter referred to as “Mydigimenu” or “mymenu”) and its holding and subsidiary entities around the world with regards to the personal information of its customers (including products, outsourcing, and other services clients), partners, employees (current or former employees, trainees), applicants, clients, users, visitors, contractors, prospects and vendors and current or former members of the Board of Directors, whose personal information are processed by Mydigimenu ("Data Subjects"). This Privacy Statement explains the use and protection of personal information collected by Mydigimenu. It applies to any personal information you provide to Mydigimenu and, subject to local law, any personal information we collect from other sources.

Throughout this Privacy Statement, “Mydigimenu” refers to (i) for users and clients based in India,  Kimaya advisory (OPC) Private Limited; (ii) for clients and users based outside India,  QSIME DMCC UAE and all companies wholly or partially owned by it (also referred to as “we”, “us”, or “our”).

  1. Scope of this Privacy Policy 

  1. This policy describes:

  1. the types of information that Mydigimenu may collect from you when you access or use its websites, applications, and other online services (collectively, referred to as "Services"); and

  2. its practices for collecting, using, maintaining, protecting and disclosing that information.

  1. This policy applies only to the information Mydigimenu collects through its Services, via its SaaS Platform, newsletter subscriptions, telephonic calls, or in email, text, and other electronic communications sent through or received in connection with its Services.

  2. Mydigimenu may provide links to third-party websites for your convenience and information. If you access those links while using Mydigimenu Services, you will leave the Mydigimenu website or app as the case may be. Mydigimenu does not control those sites or their privacy practices, which may differ from Mydigimenu’s practices. We do not endorse or make any representations about third-party websites. The personal information you choose to provide to or that is collected by these third parties, including any social media websites featured on our website, is not covered by the Mydigimenu’s Privacy Statement. We encourage you to review the privacy statement or policy of any website before submitting your personal information.

  3. We may also provide social media features on our website that enable you to share Mydigimenu information with your social networks and to interact with Mydigimenu on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand how the information provided by you could be used or shared by those sites.

  1. Types of information we obtain

    1. Non-personal Information:

  1. When you visit https://www.mydigimenu.com or use mymenu SaaS App at https://app.mydigimenu.com, our system obtains information regarding your use of our Website or App through automated means, including, but not limited to, cookies, web server logs, JavaScript and similar technologies.

  2. The information we obtain in this manner or which may be provided if our website is accessed, may include the time of the visit, pages visited, and time spent on each page of the webpages; referring site details (such as the name of the website, the name of the searching system, the name of the social network, etc.); the type of web browser; browser language; type of operating system; flash version, JavaScript support, screen resolution, and screen color processing ability; network location and IP address; downloading files; clicks on external links as well as video on the Website; form submission errors; scroll depth; interactions with Website widgets; geolocation information, order submitted and it’s related data and files, any other information submitted and it’s related data and files.

 

    1. Personal Information:

  1. In a limited number of cases, we may collect personal information that you voluntarily provide to us through our website, SaaS Application, or by whatsoever means, such as your name, mobile number and email; and related data, etc. To avail the Services offered by or on the Website and any other applicable interface, Users may sign up to register for an account. This initial registration would involve creating a username which is a valid email and password (collectively, “Login Credentials”). You may share Client Content with us, to use the SaaS platform, to place an order, and to use all the functionality provided in the Website/application, and under the KYC norms and regulatory requirements as applicable. “Client Content” means all data and materials provided by Client to Mydigimenu for use in connection with the SaaS Services, including, without limitation, any Client applications, information, data, files, database, diagrams, pictures, charts, analyses, menus, text, numbers, corporate information, financial information, personally identifiable information of Administrative / Users or any other information or data, owned or controlled by the Client. 


Mydigimenu may, if the process compliance so demands, require the customer to provide a virtual signature (physically on the mobile screen or an image of the signature on a plain white paper). Mydigimenu will use this signature only for the limited purpose of compliance with the process and it will not be used for any transactions other than the process for which it is required. 

 

  1. By voluntarily providing us with personal information, including, without limitation, by using the Website or signing up as a user on Mydigimenu SaaS platform, you expressly and irrevocably agree to our use of your personal information per this Privacy Policy. If you provide personal information to us, you acknowledge and agree that such personal information may be transferred from your current location to the servers of the Website and to the servers of authorized third parties, which could be located at multiple locations.

 

    1. Additional Information:

  1. From time to time we reserve the right to obtain information about legal entities that visit our Website, through their representatives.

  2. We may obtain information about the website of a legal entity, the name of the legal entity, the contact information of the legal entity, the country of incorporation.

  3. We may also access Client Content and data related to users for compliance and operational purposes. This data includes but not limited to content such as: 

  1. Your account information: Your full name, email address, postal code, password, and other information you may provide with your account, such as your gender, mobile phone number, and website. Your profile picture will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.

  2. Your preferences: Your preferences and settings such as time zone and language.

  3. Your content: Information you provide through our Services, including your reviews, photographs, comments, lists, followers, the users you follow, current and prior restaurant reservation details, food ordering details and history, favorite restaurants, special restaurant requests, contact information of people you add to or notify of, your restaurant reservations through our Services, names, and other information you provide on our Services, and other information in your account profile.

  4. Your searches and other activities: The search terms you have looked up and results you selected.

  5. Your browsing information: How long you used our Services and which features you used; the ads you clicked on.

  6. Your communications: Communications between you and other users or merchants through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.

  7. Your transactional information: If you make reservations or purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors. When you submit credit or payment card information, we encrypt the information using industry-standard technologies, as further described below under "Payment Card Information." If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses.

  8. Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, "posted") on publicly accessible areas of our Services, or transmitted to other users of our Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, you may set certain privacy settings for such information by logging into your account profile.

  9. Please be aware that no security measures are perfect or impenetrable (see section (I) below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.

  1. We may use our web browser extension to obtain the information described in this Policy. Our web browser extension can only access specific information that you have explicitly granted permission to access. We cannot and do not track your browsing history.

  2. We may obtain information such as Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you're using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance, and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.

  3. Your preferences: Your preferences and settings such as time zone and language.

    1. Information and Data of Job Applicants 

  1. If your information is submitted to us via our website or email when applying for a position with our company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies to evaluate your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

  1. How do we collect information?

  1. We may collect personal identification information such as your email and name and other Client Content from you only if you voluntarily submit such information to us. You can always refuse to supply personal identification information. We may collect non-personal identification information about you whenever you interact with our Website.

  1. How do we use the information we obtain?

  1. We use non-personal information for the following purposes:

  1. to prevent you from seeing unnecessary advertisements or requiring you to re-enter the Website more than once is necessary for security;

  2. to calculate the aggregate number of people visiting our Website and which parts of the Website are most popular;

  3. to improve the content of our web pages and to customize the content and layout of our pages;

  4. to deliver the information you request from the Website, such as an article, news, review, analysis, etc;

  1. If at any time you provide us with your personal information like when using the SaaS platform, we collect that information. Areas in which we may use your personal information include, but are not limited to, providing you with email newsletters, feedback, and especially the ability to comment on articles, interactive forms, or notifying you about legal or procedural information or update. If you provide us with your email address, you may receive periodic promotional emails from us and carefully selected partners with information regarding special offers or services. You may also receive informational emails from us related to administrative notices regarding the operation of the Website. You may at any time withdraw your consent to receive electronic emails by sending a withdrawal notice to Mydigimenu or by pressing the dedicated button (“an unsubscribe button”) in any email from Mydigimenu.

  2. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or their right to privacy.

  3. You agree that we may share with and transfer the information that no longer identifies you to a third party who is a contracting party with us, usually our outsourced services providers or advertising partners.

  4. We may use our client’s name, logo, and trademark in any promotional materials or other such communications with third parties. However, you may, by a due written notice of not less than 15 (fifteen) days to Mydigimenu, request ceasing of such promotional usage.

  5. You agree that if so requested or directed, we may share or transfer such requested parts of your information.  with a requesting governmental or regulatory authority. 

 

  1. Cookies

  1. A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business partners (e.g., advertisers) use cookies that originate from their sites. We have no access or control over those cookies.

  1. Like many websites, we use “cookies” to collect information. We use cookies on our Website to collect data about your visit and to allow you to navigate from page to page, count visits, and see which areas and features of our Website are popular. This helps us gather feedback to constantly improve our Website and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.

  2. You can control and/or delete cookies if you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being stored therein. If you do this, however, some services and functionalities of our Website may not work.

  1. Data retention

  1. We will retain your information for as long as is needed to provide you services, or as required to fulfill our legal obligations. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  2. By contacting us at support@mydigimenu.com you can at any time obtain confirmation of whether or not personal data concerning you is being processed.

  3. You have the right to access and export your information as a user at any time by sending a request to support@mydigimenu.com or by contacting the respective restaurant owner. 

  1. Privacy complaints

  1. To the extent that our processing of your information is subject to the EU General Data Protection Regulation, we rely on our legitimate interests, described above, to process your data. You have a right to object to our use of your information for our marketing purposes at any time by clicking on the special button and opting out from receiving all emails. You may also object to processing by emailing support@mydigimenu.com.

  2. We take privacy concerns seriously. If you believe that we have not complied with this Privacy Policy concerning your information, you may contact our Data Protection Officer at support@mydigimenu.com. In your message please describe in as much detail as possible the ways in which you believe that the Website’s Privacy Policy has not been complied with. We will investigate your complaint promptly and will reply to you within 30 days.

  1. How We Protect Personal Information

  1. We maintain administrative, technical, and physical safeguards designed to protect the personal information we have about you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.

  2. Unfortunately, there is no such thing as completely secure data transmission or storage, so we cannot guarantee that our security will not be breached (by technical measures or through violation of our policies and procedures).

  3. Without prejudice to our efforts on protection of your information nothing herein constitutes a warranty of the security of the Website, and you agree to transmit information at your own risk. Please note that the Website does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or administrative safeguards. If you do not agree with any of the points listed in section I (I.1, I.2, I.3) please do not continue or stop using this website/application.

  1. Third-party links

  1. Occasionally, at our discretion, we may include or offer third-party products or services on the Website. These third-party providers have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked services. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these services.

  1. Analytics

  1. To determine how many people visit our Website and to better understand the areas of greatest interest to our visitors, we reserve the right to have relationships with web analytics companies that compile this information for us. For further information, consult the privacy policies of the web analytics company we use: Google Inc. http://www.google.com/intl/en/privacy.html

  1. Changes to the Privacy Policy

  1. This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information policies. For significant changes, we will notify you by posting a prominent privacy policy on our Website indicating at the top of the Policy when it was most recently updated.

  1. Children

  1. We do not intend to solicit or collect Personal Information from anyone under the age of 18 or under the legal age of your country if it is different. If you are under 18 or are not of a legal age in your country, you shall not provide Personal Information on this Site.

  1. Right to be forgotten

  1. If you want to request that we no longer use and process your information to provide you services, please write to us at support@mydigimenu.com. We will respond to your request within 30 days.

  1. Law and harm

  1. Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our visitors’ rights or property, or to report a violation of terms of usage.

  2. Mydigimenu may share your personal information with law enforcement, data protection authorities, government officials, and other authorities when Mydigimenu is legally bound to do so or to protect the safety of visitors and Mydigimenu.

  1. Contacting Us

  1. If you have any questions about this Privacy Policy, the practices of our Website, or your dealings with our Website, please contact us at support@mydigimenu.com

  1. Consent 

By using this site, you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on this site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

END-USER LICENSE AGREEMENT (EULA) OF MYDIGIMENU

This End-User License Agreement ("EULA") is a legal agreement between you and Kimaya Advisory Private Limited (“Mydigimenu” or “us”).

This EULA along with the terms and conditions as detailed at (https://www.mydigimenu.com/terms-of-services/) governs your use of our MYDIGIMENU Application accessed from any medium, ("Application") directly from Mydigimenu or indirectly through a Mydigimenu authorized reseller or distributor (a "Reseller").  Please read this EULA carefully before completing the installation or signup process and using the Mydigimenu Application even assessing it for a free trial. It provides a license to use the Mydigimenu  Application and contains warranty information and liability disclaimers. By clicking "accept" or installing and/or using the Mydigimenu Application, you are confirming your acceptance of the Application and agreeing to become bound by the terms of this EULA agreement along with Privacy Policy (https://www.mydigimenu.com/privacy-policy/)  & Terms of Use (https://www.mydigimenu.com/terms-of-services/).

By installing or accessing the Application through any mode, you represent that you have the authority on behalf of an individual or any other legal entity as applicable, to bind such entity and its affiliates to this EULA. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not install or use the Application, and you must not accept this EULA. In case of such intentional misrepresentation or unauthorized usage of Application you shall be liable for any legal and financial liabilities. 

This EULA shall apply only to the Software supplied or SaaS provided by Mydigimenu herewith regardless of whether other software or SaaS is referred to or described herein. The terms also apply to any Mydigimenu updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply. 

License Grant:  Mydigimenu hereby grants you a personal, non-transferable, non-exclusive, limited license to use the Mydigimenu Application on your devices under the terms of this EULA. You are permitted to load or open the Mydigimenu Application on a device or browser (for example a laptop, desktop, mobile, or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Mydigimenu Application.

You are not permitted to:

  • Edit, alter, reverse engineer, modify, adapt, translate or otherwise change the whole or any part of the Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other Application, nor decompile, disassemble or reverse engineer the Application or attempt to do any such things

  • Reproduce, copy, distribute, resell or otherwise use the Application for any commercial purpose unless expressly agreed between you and Mydigimenu

  • Allow any third party to use the Application on behalf of or for the benefit of any third party except allowing claimants & EOI applicants to register & apply for the claims & submitting their Expression-of-Interests

  • Use the Application in any way which breaches any applicable local, national or international law

  • Use the Application for any purpose that Mydigimenu considers is a breach of this EULA agreement 

  • Conduct or promote any illegal activities while using the Application;

  • Upload, distribute or print anything that may be harmful to minors;

  • Transmit any material which violates or infringes upon the rights of others, or unlawful;

  • Transmit any information that we believe to be, in our sole discretion, abusive, excessively violent, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;

  • Attempt to reverse engineer or jeopardize the correct functioning of the Mydigimenu Application, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Application

  • Attempt to gain access to secured portions of the Application to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Application or its service; Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

  • Use the Application in a way that may generate unsolicited email advertisements or spam;

  • Use any automatic or manual process to search or harvest information from the Application, or to interfere in any way with the proper functioning of the Application;

  • Use the Application in any manner which could disable, overburden, damage, or impair the Application or interfere with any other party’s use and enjoyment of the Application;

  • Impersonate another user or an employee of Mydigimenu, or its partners or providers;

  • "Frame," inline link or similarly display the Application's content or property without the express prior written permission of an authorized representative of Mydigimenu; or

  • Promote any service, offerings, or brands through the application’s communication center through any advertisement, iframe, hyperlink, inline link, etc unless expressly permitted under an agreement between you and mymenu.

  • Exploit any functional or security bugs, weakness, or loopholes in anyone’s favor including your own-self.

  • Publicize or share any identified bug, weakness, or loopholes in social media platforms or one-on-one interactions with anyone, except sharing the same to Mydigimenu & its authorized representative.

  • Co-brand this Application without the express prior written permission of an authorized representative of Mydigimenu. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Application or content accessible within this Application.

You agree to cooperate with Mydigimenu in case of violation of these terms to cure the violation or the breach so caused.  

WE ARE AN ENABLING PLATFORM AND OUR SERVICES CANNOT BE DEEMED TO BE A CREATION OF AN AGENCY. ANY SERVICE SUCH AS THOSE RELATED TO DELIVERY OF FOOD AND/ OR BEVERAGE, ITS PREPARATION /INGREDIENTS  OR ANYTHING INCIDENTAL THERETO SHALL BE SOLE RESPONSIBILITY OF THE RESTAURANT OR FOOD SERVICE THERE IS NO CLIENT – ATTORNEY /LEGAL PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US AT ANY TIME.

Our Application, including any online automated metrics and annotations, any articles or links thereof, or the documents that are generated through this Application do not constitute advertising, a solicitation, or legal advice. This Application, the content available on or through this Application, and the documents on this Application are not a substitute for the advice of a legal or applicable professional or licenced practitioner; you should not rely on the Application or Application documents for any purposes without seeking professional advice from a licensed practitioner in the relevant jurisdiction. 

We do not intend to advertise to or otherwise solicit customers in jurisdictions where our Services are not permitted by law and the Application and documents generated on this Application do not constitute any such advertisement or solicitation. You should determine whether or not the use of our Application or Services is lawful in your particular jurisdiction before using our Application or Services.

Payment terms: If you subscribe to a Service on Mydigimenu that requires payment of a fee, you agree to pay all associated fees as per the terms and conditions of the plan subscribed. 

Geographic Restrictions & Privacy: Your use of this Application shall also be governed by Mydigimenu’s Privacy Policy as detailed at (https://www.mydigimenu.com/privacy-policy/).

Intellectual Property and Ownership: Mydigimenu shall at all times retain ownership of the Application as originally downloaded by you, accessible by you, and all subsequent downloads or access of the Application by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of Mydigimenu. Mydigimenu reserves the right to grant licenses to use the Application to third parties.

Termination: This EULA agreement is effective from the date you first use the Application and shall continue until terminated. You may terminate it at any time upon written notice to Mydigimenu. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

These Terms and Conditions shall be governed by and construed under the laws  as under : 

For Users In India

Any disputes shall be subject to the exclusive jurisdiction of the courts of Gurugram, Haryana, India. In case of a dispute, the parties shall opt for arbitration by a sole arbitrator to be appointed by mymenu

For Users Outside India

This Agreement shall be governed and interpreted in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai and you consent to the jurisdiction of the Dubai courts.

 

Any cause of action you may have concerning your use of the Website or application must be commenced within one (1) year after the claim or cause of action arises.

Terms of Use

 

Last Updated on 8th April 2020.

  1. Acceptance of Terms

This website (www.mydigimenu.com) (the use of “Site”  or “Website” hereinafter, implies www.mydigimenu.com including any of Mydigimenu’s service as offered through its SaaS platform at https://app.mydigimenu.com or any other application by whatever name called) is the sole property of Mr. Abhishek Bose  (the use of “Mydigimenu” hereinafter, implies (i) for users and clients based in India,  Kimaya advisory (OPC) Private Limited; (ii) for clients and users based outside India,  QSIME DMCC UAE and all companies wholly or partially owned by it). When you access this site or any of Mydigimenu’s service as offered through its SaaS platform, you acknowledge that you have read and agree to abide by the terms described below as well as Mydigimenu’s Privacy Policy at  https://www.mydigimenu.com/privacy-policy/. If you do not agree to the terms discussed here, you should exit this site now.

In these Terms and Conditions and our privacy policy “we,” “us” and “our” means Mydigimenu, its affiliate sites, and products and “you” means an individual or an authorized person of a legal entity who is using the Site.

  1. User obligation:

Use of our Site and the services constitutes your acknowledgment and acceptance of these Terms and Conditions, which take effect on the date on which you first use our Site and any services offered by us on or beyond the Site.

The Mydigimenu reserves the right to change these Terms and Conditions at any time, and it is your responsibility to refer to and comply with these terms on accessing the Site and services.

Your continued use of this Site and services after changes are posted constitutes your acceptance of these terms and conditions as modified and the existing terms and conditions at the time of your use will govern your interaction with the Site or availed services.

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of the Site and therefore should cease using the Site and services immediately.

If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this Site relating to specific material, then the latter shall prevail.

  1. Copyright and Other Intellectual Property:

The names, trade names, images, and logos identifying the Site, its related applications such as its SaaS Platform, services, associated organizations, companies, or third parties and their products and services are proprietary marks of Mydigimenu, its associated organizations and/or third parties.

Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of the Mydigimenu, its associated organizations, companies or any other third party.

All copyright trademarks and other intellectual property rights on the Site and all material or content supplied as part of our Applications & Services shall remain at all times the property of Mydigimenu or its licensors.

By accessing the Site, you agree that you do so only for your own personal, non-commercial, or commercial use. You may not agree to, permit or assist in any way, any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify the material or content in any way without Mydigimenu’s prior written permission.

  1. Third-Party Copyrights 

Mydigimenu is committed to respecting others’ intellectual property rights, and we ask our users to do the same. The Mydigimenu may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to the Mydigimenu:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on our Website;

  • Your address, telephone number, and email address so that we may contact you;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send this information to –  

For India – Kimaya Advisory (OPC) Private Limited, E-27/54, 2F, Block L, Suncity, Gurugram, Haryana- India

For  Rest of the world - QSIME DMCC UAE, DMCC JLT Dubai, UAE

  1. Anti-Piracy

You agree not to pirate, copy, or duplicate any educational or non-educational content from this Website by any means in any possible manner. You agree that all the content on the Website & its associated websites are copyrighted and protected by the law.

  1. Your use of this Website 

The use of this Site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of any unlawful, threatening, obscene, libelous, or otherwise offensive material or interruption of the normal flow of dialogue within this Site. Any violation of these terms may lead to any appropriate legal action taken against you by the Mydigimenu. 

  1. Third-Party Sites/Advertisements / Links:

Certain links in this Site connect to other websites maintained by third parties over whom Mydigimenu has no control. Mydigimenu makes no representations as to the accuracy or any other aspect of information contained in other websites. Mydigimenu is not responsible for the availability or content of any third-party websites or material you access through this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

The Mydigimenu does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third-party websites or material (including payment for and delivery of such products or services).

The Mydigimenu is not responsible for any damage, loss or offense caused by or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

Links to this Site must be directed to any complete content page (and not any part of a page) within Mydigimenu and must not be viewed within the pages of any other application.

Mydigimenu disclaims all liability for any legal or other consequences (including for infringement of third-party rights) of links made to this application. Links on the Site does not imply that the Site endorses, is affiliated or associated with any linked application, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked application is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.

  1. Disclaimer

The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules, and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in information contained in this Site. Mydigimenu does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on  our site are believed to be owned by or licensed to Mydigimenu. Please email a takedown request  as per  Part D above . All images shown here have been digitized by Mydigimenu. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Mydigimenu.

Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurant's listing page on the Platform is for informational purposes only. Such Certification is displayed by Mydigimenu on an 'as available' basis that is provided to Mydigimenu by the Restaurant partner(s). Mydigimenu does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and Mydigimenu in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner. While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, Mydigimenu is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information on our Website, applications & services (including, without limitation, the information provided through the use of any software), and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. The Mydigimenu does not represent the full functionality, accuracy, or reliability of any material or information on its Site. In no event will Mydigimenu, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. The Mydigimenu reserves the right, in its sole discretion, to correct any errors or omissions in any part of its Website, applications & services and to make changes to its Website, applications, services and to the materials, products, programs, services or prices described on its Website, applications and services at any time without notice.The Mydigimenu does not warrant that the functions available on the Website, applications, and services will be uninterrupted or error-free or that defects will be corrected or that the Website or the server that makes it available are free of viruses or bugs. The Mydigimenu reserves the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of our Website, applications & services, at any time without notice or liability.

  1. Limitation of Liability

In no event will the Mydigimenu and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use of Mydigimenu, its sites, applications, and services.  In no event shall the Mydigimenu, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory concerning the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one thousand rupees (INR 1000.00) or 50 AED.

  1. Software:

From time to time, certain applications and software, which is the protected work of the Mydigimenu or its suppliers, may be made available for access or download. You may be granted a license to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the applications or software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise deal with the software.

  1. Indemnity:

You agree to indemnify and keep indemnified Mydigimenu and its associated services from and against all claims, damages, expenses, costs, and liabilities arising in any manner from your entry to and use of our Website, applications & services other than in accordance with these terms and conditions and any other policy or terms and conditions expressly communicated to you.

  1. Severability 

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable because of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

  1. Compliance with Laws

Mydigimenu makes no representation that materials on the Website or application are appropriate or available for use at all locations and access to them from regions where their contents are illegal is prohibited. By accessing the Website, application, or services, you agree to take responsibility for compliance with all local laws applicable in your jurisdiction.

  1. Your Submission

Any material, information, or idea submitted or posted on this Site  ((including content shared by any business user having access to a 'restaurant business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future) will be considered non-confidential and non-proprietary unless expressly agreed between you and Mydigimenu. Mydigimenu may share or otherwise use your submission for any purpose whatsoever. 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 of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against mymenu or its Users, any third party services and their users. If any of the information submitted constitutes personal data, you agree that Mydigimenu may transmit such personal data across international boundaries for any Mydigimenu business purpose. Personal data will be treated as outlined in our Privacy Policy at https://www.mydigimenu.com/privacy-policy/.

  1. Law and jurisdiction

These Terms and Conditions shall be governed by and construed under the laws  as under : 

For Users In India

Any disputes shall be subject to the exclusive jurisdiction of the courts of Gurugram, Haryana, India. In case of a dispute, the parties shall opt for arbitration in English Language at Gurugram, Haryana, India by a sole arbitrator to be appointed by mymenu

For Users Outside India

This Agreement shall be governed and interpreted under the laws of the United Arab Emirates as applied in the Emirate of Dubai and you consent to the jurisdiction of the Dubai courts.

 

Any cause of action you may have concerning your use of the Website or application must be commenced within one (1) year after the claim or cause of action arises.

  1. Other terms and conditions 

  1. Mydigimenu is constantly evolving to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the services which Mydigimenu provides, may require effecting certain changes in it, therefore, Mydigimenu reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products, and services contained on the site without any prior notice.

  2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

  3. You acknowledge and agree that if Mydigimenu disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

  4. You acknowledge and agree that while Mydigimenu may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Mydigimenu may set such fixed upper limits at any time, at Mydigimenu's discretion.

  5. Mydigimenu may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Mydigimenu. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

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