TERMS AND CONDITIONS – YALI
1. Acceptance of Terms & Conditions
We, Foodtron Technologies Private Limited offering the website yali.tech (including the terms “our” or “us” as used herein) offer a web application which includes an online stack of tools to automate restaurant operations and provides sales analytics, insightful customer relationship management tools, social media management, menu management, create BOTs on various platforms such as FaceBook, Skype, Slack, etc. for the purpose of reservation management, order and take outs, pre-ordering of food and other such related services as requested by the restaurants and added by the Licensor from time to time. With regard to assisting in the operation of your restaurant we offer computerized on-line menu creation including daily specials, combos and integration with various third party food delivery and ordering platforms (presently in the BETA phase). With regard to social media management we offer a single dashboard for all your social media streams, with the ability to respond and interact with your customers; additionally, if requested by the restaurants we also offer design templates for use in social media posts and various design requirements for your restaurant (presently in the BETA phase and available to restaurants only on prior and specific requests). With regard to analytics we provide users overall analytics of engagement with customers using internal and third party information through the application.
3. Grant of License
By accepting these terms and conditions, YALI grants you a limited nonexclusive license to use our software at yali.tech. The software application, including its source code, the user interface and functionality are all proprietary and the copyright of which vests with us. We grant you a limited license for use during the term which you have paid for.
4. Roles and Responsibilities of YALI
We yali.tech provide computerized restaurant operation features such as menu creation, which shall include the restaurant’s daily specials, combo offers, coupons; online orders from third party services, provided the restaurant has business collaborations and partnership with such third party and requests such integration; coupon generation; social media management services, which shall include integrating and operating all social media accounts such as Facebook, Instagram, Twitter, etc. on one platform. Further, on request, we shall provide a platform that enables restaurants to integrate and update their restaurant information with food aggregators; delivery services. We will provide you with a platform to manage the functioning of your restaurant, social media profiles, offers and deals and receiving orders from third party food delivery applications and websites.
5. Role and Responsibilities of the registered users/restaurants
In order to avail our services at yali.tech, the users will be required to provide certain personally identifiable information such as their Name, Business Name, Address, Phone number, Contact details, Restaurant Menus, Amenities, Photos, etc. For the purpose of enabling social media management features, and to incorporates the restaurants news feed on yali.tech, users will be permitted to sign in to their social media accounts on our platform. These log-in details will not be collected or stored by us. The users will be authorized to review, edit and modify information on the platform which will correspond with changes on relevant third party applications provided appropriate login authorization has been provided to us.
6. Third party contents/ads
Our application will incorporate information from third party websites and applications like social media platforms such as Facebook, Instagram, Twitter, LinkedIn and other social media platforms as incorporated into our platform from time to time. Our application will also display information from third party food delivery applications and websites such as Swiggy, Zomato, Food Panda and other food delivery applications as incorporated into our platform from time to time. Our application will also display information from various third party applications and websites that offer restaurant deals and coupons such as Groupon, Paytm, FreeCharge and other third party applications as incorporated into our platform from time to time.
Our application merely displays such information and is not responsible for the authenticity or content of such information from third party applications.
7. Data Storage and Security
8. Intellectual Property
We place great emphasis on intellectual property. We own the trademarks YALI, YALI (logo) and the user interface of our application, along with the source code of our software are all proprietary and the copyright belongs to us. All third party information and trademarks displayed on our application at yali.tech is protected under the laws relating to copyrights, trade dress, trademarks and is owned by the respective third party and the users. Unless otherwise expressly mentioned, all other content on yali.tech shall be reserved and use of any such intellectual property without prior consent or permission from the respected owners will amount to infringement will be subject to legal action by owners of such intellectual property.
We are not liable for any reviews, comments and feedbacks made on third party applications which are displayed on our platform, which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties.
9. Confidential Information
“Confidential Information” shall mean and include any and all information whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information.
10. Disclaimer/General Warranties
All use of the website and application at yali.tech and use of services rendered therein are solely at your own risk and all the contents provided are on ‘as is’ and ‘as available’ basis. We disclaim all warranties, guarantees, and representations, including, but not limited to the quality, quantity, availability, accuracy of information and accuracy of the contents on the platform.
We will update the features of our application from time to time during which time there may be issues with functionality. We will take care to notify users of these updates and endeavor to have our application functioning with as little inconvenience.
We do not offer any warranty on the authenticity of the information displayed on our platform from third party sources. We merely obtain the relevant feeds from the respective platform and do not modify or edit any information.
11. Limitation of Liability
The services we provide are solely limited to the description provided under the “Services” section of this Terms and Conditions. We will not be liable for information and errors from third party websites and applications.
The users at yali.tech agree to defend, indemnify and hold yali.tech, its employees or agents harmless from any claims and expenses , including attorney's fees, arising out of the information from third party sources and in connection with any violation of these terms and conditions by them or through use of their respective accounts
13. Force Majeure
We at yali.tech shall not be responsible or liable for any delay or failure to perform services due to unforeseen circumstances or any event which is beyond reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
14. Governing Laws
b) Applicable Law: The competent courts of Chennai shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.
Any provision of these terms and conditions which is, or may be, void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect any other provision of these terms and conditions.
In agreement to the signed policy, unless otherwise terminated, commence on the Effective date and shall continue for the Initial License Term and renewed thereafter, at the option of the Licensee, unless,
a) Either Party notifies the other Party of termination, in writing, at least 60 days before the end of the Initial License Term or any Renewal Period, in which case this Agreement shall terminate upon the expiry of the applicable Initial License Term or Renewal Period or
16.1 Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may terminate this Agreement without liability to the other if the other Party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that Party being notified in writing of the breach.
16.2 On termination of this agreement for any reason:
a) Licensee’s account will be deactivated in 4-5 business days, and until then prorated charges as prescribed will be applicable.
b) All licences granted under this Agreement shall immediately terminate.
c) Each Party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other Party.
d) The Licensor may destroy or otherwise dispose of any of the Licensee Data in its possession unless the Licensor receives, no later than ten days after the effective date of the termination of this Agreement, a written request for the delivery to the Licensee of the then most recent back-up of the Licensee Data. The Licensor shall use reasonable commercial endeavours to deliver the back-up to the Licensee within 30 days of its receipt of such a written request, provided that the Licensee has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The Licensee shall pay all reasonable expenses incurred by the Licensor in returning or disposing of Licensee Data and
e) On termination, the rights of the parties which are to survive as per the T&C of this agreement will not be affected by such termination.
17.Charges & Payment
The Licensee shall pay to the Licensor, upon delivery of the Software, the license fees of Rs.2000 recurring every month for every location the Licensee wishes to avail services.
The Licensee shall pay each invoice within 30 days after the date of such invoice.
The Licensee shall bear the standard transaction fee of 2% charged by Payment Gateway Service Provider, RAZOR PAY, as well as the OTP gateway charges of 17 paise/OTP message as provided by MSG 91 for all orders placed using the Software. These charges are subject to change in accordance with the changes brought about in the fee charged by the Service Provider.
The Licensee shall bear the charges as charged by (the service provider) for the automated calls made to the restaurants when orders are placed.
If the Licensor has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of the Licensor:
- The Licensor may, without liability to the Licensee, disable the Licensee’s password, account and access to all or part of the Services and the Licensor shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid and
- Interest shall accrue on such due amounts at an annual rate equal to 18% annual interest rate at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid.
We may modify the terms and conditions and the updated terms and conditions will be made available from time to time. You should check this page from time to time for any modifications. While we will take reasonable steps to keep you informed of any modifications to the terms and conditions, by continuing to use our services after modifications, you agree that you are bound by the amended terms and conditions.