Last updated on December 18th, 2020
Uplodenow offers website at www.Uplodenow.com or the mobile applications and backend manager (collectively, “Uplodenow Solutions” or "Uf Solutions" or "Service"). By accessing or using the Uplodenow Solutions, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the Uplodenow SOLUTION'S Privacy Policy, whether or not you are a registered user of our Uf Solutions. This Agreement applies to all visitors, users, and others who access the Uf Solutions (“Users”).
Uplodenow's solutions may have solutions for restaurants, hotels, kitchens and any food serving / selling enterprise (collectively, "Patrons") which may be crafted with exclusivity (the, "White Labeled") for the Patrons.
The terms " WE", "OUR" and "US" refer to Uplodenow and the terms " YOU", " YOUR" and " USER" refer to you, as a user of Uplodenow.
We reserve the right to amend this Notice at any time and your use of this Uf Solutions following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website or mobile service, you read these terms and conditions.
THESE TERMS, INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND US. BY USING THE COMPANY SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE AND ARE NOT AUTHORIZED TO USE ALL OR ANY PORTION OF THE COMPANY SERVICES.
The following terms and conditions constitute an agreement between you and Uplodenow. These terms of use (the “Terms of Use”), together with our privacy policy govern your use of Uf Solutions, both as a non-registered user and as a registered user. This Uf Solutions are intended for use by you only if you are 18 years of age or older. The service is not available to any users previously removed from the service by Uplodenow Solutions Private Limited.
If you are using an account to use the Uplodenow™ solutions on behalf of a company, entity or organization, then you represent and warrant that you: (i) are an authorized representative of that subscribing entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such entity. Additionally, users are prohibited from transferring their Uplodenow ™ account to another party. If you do not qualify, you should not use the Uplodenow ™ Solution.
The services made available by the Uplodenow™ Solutions, which are offered free of charge to the end users are
i. Browse the Menu of your favorite Restaurant
ii. Build order as per your choices
iii. Maintain the records of all orders and your favorite dishes
The Uf Solutions allow you to have access to registered restaurants information so as to interact with them for processing food order, booking tables and give feedback in relation to restaurant services.
In order to avail the Services provided by Uplodenow as 'Uf Solutions', you must register by providing certain information as set out on the registration page. Please also refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
You agree to ensure that your registration details, including your name, phone number and email address, are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that the information provided by you is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Uf Solutions for your personal, non-commercial use only and as permitted by the features of the Uf Solutions. Uplodenow™ reserves all rights not expressly granted herein in the Uf Solutions and the Uplodenow™ Content (as defined below). Uplodenow™ may terminate this license at any time for any reason or no reason.
Your Uplodenow™ account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Uplodenow™ with a third-party service (for example, Facebook or Twitter or Google), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password including one time password (OTP) secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Uplodenow™ immediately of any breach of security or unauthorized use of your account. Uplodenow ™ will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you use the Uf Solutions by changing the settings in your “settings” page. By providing Uplodenow ™ your email address, you consent to our using the email address to send you Uf Solutions-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Uf Solutions and newsletters, special offers. If you do not want to receive such email messages, you can unsubscribe from receiving these e-mails. Opting out may prevent you from receiving email messages regarding updates, improvements, or promotional content.
Portions of the Uf Solutions are viewable without registering with us, but to actively participate or store your information, you must register as a user and authorize the use and disclosure of your information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.
Uplodenow collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and services of the Restaurants listed on the Website, such as their specialization, menu prices, location, visiting hours, and similar details. Uplodenow takes reasonable efforts to censure that such information is updated at frequent intervals. Although Uplodenow screens and vets the information and photos submitted by the Restaurants, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. The Content that you obtain or receive from Uplodenow, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Uf Solutions are for informational, scheduling and payment purposes only. All Menu related information, including but not limited to information shared via Uplodenow Answers, the Uplodenow blog, official Uplodenow social channels, Uplodenow emails and text messages, and Uplodenow advertising, comes from independent healthcare professionals and organizations and is for information purposes only.
We do not recommend or endorse any specific Menu , Restaurants, opinions, or other information that may appear through the Uf Solutions. If you rely on any Content provided through the Uf Solutions, you do so solely at your own risk.
Except for your User Content, the videos and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Uplodenow™ Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Uplodenow Solutions Pvt Ltd and its licensors (including other Users who post User Content to the Uf Solutions). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Uplodenow™ Content. Use of the Uplodenow™ Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or feedback, review, ratings about the Services, Restaurants etc, including without limitation about how to improve the Service. By submitting any comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Uplodenow™ under any fiduciary or other obligation, and that we are free to use the feedback, review, ratings without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Uplodenow™ does not waive any rights to use similar or related ideas previously known to Uplodenow™, or developed by its employees, or obtained from sources other than you.
The Uplodenow™ website or mobile application may from time to time contain hyperlinks to other websites or mobile applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website or mobile application to another website or mobile application does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in India. Uplodenow™ cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper provide your personal information at your own risk
We claim no intellectual property rights over the material you submit post, transmit or display on, or through, the Uf Solutions. Your profile and materials uploaded remain yours. The ownership of any content created by a user of the Service in the context of a course remains the property of that user. However, be aware that by setting your profile or pages to be viewed publicly, you are allowing others to view your content.
The copyright to all content that has been created by us, including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.All names, marks, trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Uplodenow™ content is not for resale. Your use of the Uf Solutions do not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Uplodenow™ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Uplodenow™ or our licensors except as expressly authorized by these Terms.
Unless otherwise stated, all fees are quoted in Indian Rupees. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by us in our sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to site pending resolution of any amounts due by you to us.
Uplodenow™ reserves the right, in its sole discretion, to terminate your access to the Uf Solutions and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of India and you hereby consent to the exclusive jurisdiction and venue of courts in India ,in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Uplodenow™ as a result of this agreement or use of the Site. Uplodenow™'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Uplodenow™'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Uplodenow™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Uplodenow™ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Uplodenow™ with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Uf Solutions are controlled, operated and administered by Uplodenow™ from our offices within India. If you access the Uf Solutions from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the Uplodenow™ platform content accessed through https://www.Uplodenow.com or the Uplodenow TM Mobile Application or Backend Manager in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to defend, indemnify and hold harmless Uplodenow Solutions Pvt Ltd and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, shareholders and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of other appropriate security code.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY THINGSMEET FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO SPECIALIZATION, QUALITY OF FOOD, PRICE OR COST INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Uplodenow Solutions Pvt Ltd, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Uplodenow™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Uplodenow™ SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Uplodenow™ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SERVICES.
Uplodenow SHALL NOT BE LIABLE FOR ANY BAD QUALITY FOOD BEING GIVEN BY THE RESTAURANT(S), OR ANY NEGLIGENCE ON PART OF THE RESTAURANT(S); ANY TYPE OF INCONVENIENCE SUFFERED BY THE USER DUE TO A FAILURE ON THE PART OF THE RESTAURANT TO PROVIDE AGREED SERVICES OR TO MAKE HIMSELF/HERSELF AVAILABLE AT THE BOOKED TIME, SIMILAR DIFFICULTIES; OR ANY MISCONDUCT OR INAPPROPRIATE BEHAVIOUR BY THE RESTAURANT OR THE RESTAURANT’S STAFF; CANCELLATION OR RESCHEDULING OF BOOKED TABELS OR ANY VARIANCE IN THE FEES CHARGED; WHOM THE USER HAS SELECTED ON THE BASIS OF THE INFORMATION AVAILABLE ON THE WEBSITE OR WITH WHOM THE USER HAS BOOKED AN SERVICE THROUGH THE WEBSITE.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Uplodenow™ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Uplodenow™ may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Uplodenow™ in our sole discretion. Uplodenow™ reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Uplodenow™ is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Uplodenow™ may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the TOP of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Services, do not use or access (or continue to access) the Services.
This Agreement, together with any amendments and any additional agreements you may enter into with Uplodenow™ in connection with the Services, shall constitute the entire agreement between you and Uplodenow™ concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Uplodenow™’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at prasad.vesanekar@evisipro.com with any questions regarding this Agreement.
Any dispute or claim relating in any way to your use of any Uplodenow™ Service, by Uplodenow™ or through Uplodenow™ will be resolved by binding arbitration.
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The Courts/Tribunals in Pune shall have exclusive jurisdiction to try any disputes or suit arising out of this Agreement.