Terms and Use
Acceptance of terms
We are sincerely thankful for using FoodAstro. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the FoodAstro website at www.foodastro.com (the “Site”) and any related mobile or software applications (“Foodastro Platform”) including but not limited via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all Foodastro customers, including but without limitation to users having access to our food suggestions through the website.
Need to read Terms carefully. By accessing or using the Foodastro Platform, you are agreeing to these Terms and concluding a legally binding contract with Foodastro and/or its affiliates (excluding Foodastro Services) (hereinafter collectively referred to as “Foodastro”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of Foodastro Platform is at your own risk; including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Foodastro in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that Foodastro will treat your use of the Services as acceptance of the Terms from that point onwards.
“Customer” or “You” or “Your” refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to foodstro to manage their profile.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “Customer Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. “foodastro Content” means content that foodastro creates and make 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 other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding your content and third party content. “Third Party Content” means content that comes from parties other than foodastro or its Customers and is available on the Services.
III. Eligibility to use the services
1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party (ies).
IV. Changes to the terms
Foodastro may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of foodastro platform after any such amendment or change in the Terms shall be deemed as your express of acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Translation of the terms
Foodastro 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 foodastro. 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.
VI. Provision of the services being offered by Foodastro
1.Foodastro is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which foodastro provides, may require affecting certain changes in it, therefore, foodastro reserves the right to suspend/cancel, or discontinue any or all products or services at any point of time without any advance 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 in order 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 foodastro 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 foodastro may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, foodastro may set such fixed upper limits at any time, at foodastro’s discretion.
5. In our effort to continuously improve the foodastro Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the foodastro Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
6. By using foodasrtro’s Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Foodastro disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Foodastro reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. All pictures and information contained on these Services are believed to be owned by or licensed to foodastro. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by foodastro. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of foodastro.
7. Foodastro reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the foodastro Platform anytime in future.
8. Foodastro may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the foodastro Platform terms. Further, foodastro reserves the right to terminate / suspend the Customer’s account and/or credits / points earned and/or participation of the Customer in the Program if foodastro determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or foodastro platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, foodastro reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
VII. Use of services by you or Customer
1. Foodastro Customer Account Including Access :-
b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g. Facebook, Google). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
c. In creating an account you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that you are the owner. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information to obtain access on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of may cause foodastro or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your foodastro account for any purpose and that you will be liable for such unauthorized access.
e. By creating an account, you agree to receive certain communications in connection with foodastro Platform or Services
2. Others Terms
a. In order to connect you to certain services, we provide value added telephony services through our phone lines, which are displayed on the specific page on the foodastro Platform, which connect directly to phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the Customer Care Executives (for internal tracking purposes and customer service improvement at foodastro). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by foodastro.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to use the data owned by foodastro (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with foodastro in writing.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by foodastro, unless you have been specifically allowed to do so, by way of a separate agreement with foodastro. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
e. You agree that you will not engage in any activity that interferes with or disrupts the 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 other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
1. Ownership of Foodastro Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and foodastro content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by foodastro and that you shall not disclose such information without foodastro’s prior written consent.
b. You agree to protect foodastro’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that foodastro (or foodastro’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by foodastro and that you shall not disclose such information without foodastro’s prior written consent. Unless you have agreed otherwise in writing with foodastro, nothing in the Terms gives you a right to use any of foodastro’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of foodastro, or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the foodastro’s Content in whole or in part except as expressly authorized by foodastro.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Third Party Content and Links
b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that foodastro is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
d. Third party content, including content posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or stakeholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of your Content or any third party content.
e. You further acknowledge and agree that foodastro is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
3. Customer Reviews
a. Customer reviews or ratings for Category food and services do not reflect the opinion of foodastro. Foodastro receives multiple reviews or ratings for Services and menu suggestions by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on foodastro is the personal opinion of the Customer/reviewer only.
b. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the Menu and the remedy does not consider to be true, the best option would be to contact the reviewer or post a public response in order to clear up any misunderstandings.
IX. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
- a. Violate our Guidelines and Policies;:
- b.Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- c. Contains material that violates the standards of good taste or the standards of the Services;
- d. Violates any third-party right, including, but not limited to, right of privacy, right of publicity,
copyright, trademark, patent, trade secret, or any other intellectual property or proprietary
- e. Accuses others of illegal activity, or describes physical confrontations;
- f. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
- g. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- i. Attempts to impersonate another person or entity;
- k. It is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- l. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- m. Contains material that is not in English or, in the case of products or services provided in other languages, the language relevant to such products or services;
- n. Accesses or uses the account of another customer without permission;
- o. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- p. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- q. “Hacks” or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
- r. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- s. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- t. Harms minors in any way;
X. Customer feedback
- 1. Terms of Idea Submission
You agree that:
- 2. Your Submissions and their Contents will automatically become the property of foodastro, without any compensation to you;
- 3. Foodastro may use or redistribute the Submissions and their contents for any purpose and in
- 4. There is no obligation for foodastro to review the Submission.
- 5. There is no obligation to keep any Submissions confidential.
2. Grievance Redressal Mechanism:
i. Customer Care Channels
- For any Menu related issue, you may first reach out to us via chat support on the foodastro app for real time basis resolution.
- You may write to us at [email protected] and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.
- In case you do not receive a satisfactory response from the chat support you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated and we shall address your concern within an estimated time of forty-eight (48) hours.
ii. Details of the Grievance Officer
i. Customer Care Channels
Mr. Pradip Kumar Das