Terms & Conditions of Use (Cheelgadi App & Cheelgadi Advance Payment System - Wallet like facility)
1. The access and use of the websites (Cheelgadi Veg Restaurant Pvt Ltd.) www.cheelgadi.com, www.cgvr.in, www.cyberhawk.org (developer) and Cheelgadi mobile app (herein after referred to as “app” or “Cheelgadi app” or “Cheelgadi site/app” or “Cheelgadi sites/app”) are subject to the following terms and conditions of use ("Conditions" and/or "Terms"). If you do not agree to abide by the conditions, please do not review, refer or download materials from this website/app. Cheelgadi Advance Payment System - Wallet like facility is an initiative of Cheelgadi Veg Restaurant Pvt Ltd ("Cheelgadi"), which has several web-sites viz. www.cheelgadi.com, www.cgvr.in, www.cyberhawk.org (developer) and/or all other web-sites owned by Cheelgadi (collectively referred to as "Cheelgadi sites" or "Its web-sites" or "Its web-sites/app")
2. Cheelgadi reserves right to modify these Terms at any point of time without notice to you by posting revised Terms on its web-sites/app. Your use of its web-sites/app constitutes your binding acceptance of these Terms, including any modifications that Cheelgadi makes. The payment gateway page request for user to accept terms for each payment transaction signifies this consent explicitly.
3. Some of the Services may be subject to additional posted Terms & Conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
4. Cheelgadi have the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice :
A. Restrict, suspend, or terminate your access to all or any part of its Services;
B. Change, suspend, or discontinue all or any part of its Services;
C. Refuse, move, or remove any material that you submit to its web-sites/app for any reason;
D. Refuse, move, or remove any content that is available on its web-sites/app or on its social media;
E. Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of its web-sites/app.
F. You agree that Cheelgadi will not be liable to you or any third party for taking any of these actions.
G. Some of above actions may be result of any transaction activity which may come under "suspicious transactions" and would require immediate action without prior intimation as per current regulatory framework.;
5. You understand and agree that its Services may include communications such as service announcements and administrative messages from Cheelgadi or from its partners or licensors or associates and that these communications are considered part of the Services.
6. You will not be able to opt out of receiving transactional messages. You also understand that its Services may include advertisements unless you have opted out by signing for Do Not Disturb registry for non-transactional messages. All messages related to financial transaction will continue to be delivered.
7. You irrevocably and unconditionally agree, confirm, undertake and accept these terms, and other terms and conditions on registration, for access to or use of any contents, services or materials on its web-sites/app.
8. Any amendment to these terms, and other terms and conditions from time to time shall be deemed to be accepted by you and shall be an integral part of the original terms, and other terms and conditions.
9. You confirm to provide Cheelgadi any and every detail Cheelgadi requires to obtain from you, including such other personal or proprietary information relating to any of your acts or omissions or violations or other persons who may be a party with you, on suspicion or otherwise in relation to the use of Cheelgadi site/app.
10. Other web-sites, products, and services Cheelgadi web-sites/app contain links to other Internet web-sites owned by third parties and/or other web-sites owned by Cheelgadi Group of Companies and/or Cheelgadi. Your use of each of those web-sites is subject to the terms and conditions, if any, that each of those web-sites has posted. Its inclusion on its web-sites/app of any third-party content or a link to a third-party site is not an endorsement of that content or any web-site to which its web-sites/app contain links.
11.Cheelgadi Advance Payment System – Wallet like facility
Cheelgadi Advance Payment System – Wallet like facility is a closed prepaid system and is linked to your registered Mobile Number. The value in the wallet can be used by you for Cheelgadi Restaurants services. Use of Cheelgadi Advance Payment System – Wallet like facility represents payment system used for the above purpose and does not represent sale, resale, or licensing any of the products or the services that Cheelgadi review, list, or advertise on its web-sites/app, and Cheelgadi disclaim any responsibility for or liability related to them.
Any wallet not transacting for 6 months or more may be treated as expired and the value may be forfeited. Such wallet user will be intimated through SMS information, minimum 30 days in advance to this effect in accordance with regulatory frame work prevailing and amended from time to time.
You agree that Cheelgadi will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions.
12. Contest, Competitions and Events:
If a contest, competition or event is organized by Cheelgadi on any web-site(s)/app; it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event.
14. General Terms for use of Cheelgadi Advance Payment System - Wallet Like Facility
Cheelgadi Advance Payment System – Wallet like facility is a trade name used by Cheelgadi Veg Restaurant Pvt Ltd (hereinafter also referred as "Cheelgadi"). Cheelgadi Advance Payment System – Wallet like facility can only be obtained by individuals who has capacity to contract as per Section 11 of The Indian Contract Act,1872 which specifies that every person is competent to contract provided:
A. He should not be a minor i.e. an individual who has not attained the age of majority i.e. 18 years in normal case and 21 years if guardian is appointed by the Court.
B. He should be of sound mind while making a contract. A person, who is usually of unsound mind, but occasionally of sound mind, can make a contract when he is of sound mind. Similarly if a person is usually of sound mind, but occasionally of unsound mind, may not make a valid contract when he is of unsound mind.
C. He is not a person who has been personally disqualified by law to which he is subject
a. A minor under a guardianship of a person who has capacity to contract may hold and use Cheelgadi Advance Payment System – Wallet like facility under such guardianship.
b. A Minor having age of more than 10 years may hold Cheelgadi Wallet subject to reasonable restriction imposed by Cheelgadi and subject to any direction of any regulatory Authority for the time being in force.
a. These terms and conditions as well as any amendments thereof are part of a contract between you and by Cheelgadi Veg Restaurant Pvt Ltd ("Cheelgadi") and govern the use of Cheelgadi Advance Payment System – Wallet like facility.
b. Any duplication/cloning of an Cheelgadi account will be subject to cancellation and necessary legal action, if required by Cheelgadi.
c. Amount loaded in Cheelgadi Advance Payment System – Wallet like facility, in no case will be refunded to any Customer for any reason whatsoever. Cheelgadi will only assist on service failures of recharges and bill payments availed on Cheelgadi Advance Payment System – Wallet like facility.
d. Cheelgadi does not warranty against any damage or defect for the services delivered through above mentioned transactions.
e. Cheelgadi Products/Services for select content are handset dependent. Cheelgadi is not responsible in any manner whatsoever to provide Services to a Customer not using compatible handset.
f. Cheelgadi wallet and other Cheelgadi Products/Services made available on Cheelgadi Advance Payment System – Wallet like facility applications are GPRS/EDGE/3G Dependent and cannot be availed by you in the event of GPRS/EDGE/3G failure and/or download error.
g. Cheelgadi is not responsible in any manner whatsoever for non-provisioning of the services due to GPRS/EDGE/3G failure/connectivity failure/download error.
h. Cheelgadi Products/Services for select content is Operator dependent. Cheelgadi is not obligated to provide Services to the Customers in relation to the areas/ Operators/ Service Providers not mentioned herein.
i. GPRS/EDGE provisioning on handsets are governed by terms of respective Operator.
j. You understand and agree that password and other information with respect to your Cheelgadi App account are confidential information.
k. You agree that Cheelgadi shall not be responsible if you share your password and other confidential information about your account with any.
l. You understand and agree that your Cheelgadi account is linked to your registered mobile number.
m. Cheelgadi will not be held liable for unauthorized use of Cheelgadi Advance Payment System – Wallet like facility on account of loss/theft/misplacement of Mobile number and/or SIM, unless you have informed Cheelgadi customer care about such loss/theft/misplacement and have blocked wallet temporarily till you reactivate the same using a new SIM with same mobile number.
n. It must be noted that you shall continue to be held liable for any unauthorized use of your Cheelgadi account till you inform Cheelgadi Customer care about such loss/theft/misplacement and request for blocking your wallet account is executed.
o. Cheelgadi shall not be responsible for any misuse of Cheelgadi Advance Payment System – Wallet like facility
p. Cheelgadi may deal, amend , with the Cheelgadi Advance Payment System – Wallet like facility or accounts in compliance with any direction of any competent authority, laws, order or court with or without intimation to the account Holder.
q. Cheelgadi shall not be responsible for any Operator nor be held responsible for not having any specific unit required in its Product Portfolio.
r. Cheelgadi is not obligated to provide Services to the Customers in case the Operator/Service Provider does not have the required product or the required denomination.
s. 1 day check : When a customer loads Cheelgadi Advance Payment System – Wallet like facility, then the customer will not be able to use the service for 1 day. Thereafter the customer can avail the restaurant services.
17. Your conduct on the Mobile Application
If Cheelgadi request registration information from you, you will provide Cheelgadi with true, accurate, current, and complete information
A. You will promptly update your registration to keep it accurate, current, and complete.
B. If Cheelgadi issues you a password, you must not reveal it to anyone else for safety of your account.
C. You are responsible for maintaining the confidentiality of your accounts and passwords.
D. You agree to immediately notify Cheelgadi of any unauthorized use of your passwords or accounts or any other breach of security.
E. You also agree to exit from your app at the end of each session.
F. Cheelgadi will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
G. The technology and the software underlying its web-sites/app and the Services is the property of Cheelgadi Veg Restaurant Pvt Ltd, its affiliates, and its partners or licensors or associates.
H. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites/app or the Services
I. You agree not to modify the software underlying its web-sites/app in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to its web-sites/app.
J. Without limiting the foregoing, you agree that you will not use the services offered through its web-sites/app to take any of the following actions
i. Obscene, offensive, indecent, racial, hatred to religion, anti-national, objectionable, defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others.
ii. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
iii. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, its web-sites/app, any software or hardware, or telecommunications equipment.
iv. Advertise or offer to sell any goods or services for any commercial purpose unless you have its written consent to do so.
v. Transmit web-sites/app, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
vi. Download any file, recompile or disassemble or otherwise affect its products that you know or reasonably should know cannot be legally obtained in such manner.
vii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material.
viii. Restrict or inhibit any other user from using and enjoying any public area within its web-sites/app
ix. Collect or store personal information about other end users.
x. Interfere with or disrupt its web-sites/app, servers, or networks.
xi. Impersonate any person or entity, including, but not limited to, a representative of Cheelgadi Veg Restaurant Pvt Ltd or falsely state or otherwise misrepresent your affiliation with a person or entity
xii. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its web-sites/app or to manipulate your presence on its web-sites/app
xiii. Take any action that imposes an unreasonably or disproportionately large load on its infrastructure/ network.
xiv. Engage in any illegal activities.
xv. You agree to use its bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the \"Forums\") only to send and receive messages and material that are proper and related to that particular Forum.
K. Unauthorized access to its web-sites/app is a breach of these Terms and a violation of the law.
L. You agree not to access its web-sites/app by any means other than through the interface that is provided by Cheelgadi Veg Restaurant Pvt Ltd for use in accessing its web-sites/app.
M. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of its web-sites/app, except those automated means that Cheelgadi have approved in advance and in writing.
N. Use of its web-sites/app is subject to existing laws and the Terms. Any violation by you of any terms of this Terms and Condition or the laws of land may result in severe civil and criminal prosecution under respective laws, penalties, forfeiture of Cheelgadi Wallet Balance, suspension of Cheelgadi Account, black listing to the all Cheelgadi website/app, and intimation/disclosure to the third to third parties to whom Cheelgadi deems necessary.
O. All rights reserved. Any rights not expressly granted herein are reserved. Violators may be prosecuted to the maximum extent possible.
P. Nothing contained in these Terms shall limit its right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of its web-sites/app.
Q. In accessing Cheelgadi web pages/app, you agree that you may only access the content for your own personal non-commercial use.
R. You shall also not include excerpts or limited portions of information from Cheelgadi app in printed memos, reports, and presentations or any other manner.
Cheelgadi Requests you to inform us in writing to remove certain content from its web-sites/app, if you believe that content have been copied, are offensive and have been published in a manner that violates your intellectual property rights.
18. Copyright Notice:
All rights, including copyright/trademark, in the content of Cheelgadi site/app are either owned or controlled by Cheelgadi Veg Restaurant Pvt Ltd or used with due permission of owner of that right. In accessing Cheelgadi site/app, you agree that you may only access the content for your own personal non-commercial use.
Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of Cheelgadi site/app for any other purpose whatsoever without the prior written permission of Cheelgadi Veg Restaurant Pvt Ltd.
Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The information, software, products and services included in or available through the Cheelgadi sites/app may include interruptions, inconsistencies, errors, inaccuracies or typographical errors. Changes are periodically made to the Cheelgadi sites/app and to the information therein. Cheelgadi Veg Restaurant Pvt Ltd (hereinafter Cheelgadi) and/or its respective suppliers may make improvements and/or changes in the Cheelgadi sites/app at any time. Information and advice stated or received via the Cheelgadi sites/app should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Cheelgadi and/or its respective suppliers make no representations and warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Cheelgadi sites/app for any purpose. All such information, software, products, services and related graphics are provided \"as is\" without warranty of any kind. Cheelgadi and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
Cheelgadi sites/app may contain links to other web sites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the Cheelgadi logo, advertisements and/or other content selected by Cheelgadi. You acknowledge that Cheelgadi and its sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that Cheelgadi is providing these links to you only for your convenience. You specifically agree that Cheelgadi shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Cheelgadi sites/app service. You specifically agree that Cheelgadi is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Cheelgadi is not responsible for any content sent using and/or included in an Cheelgadi sites/app by any third party.
(1) Conform to legal requirements or comply with legal process;
(2) Protect and defend the rights or property of Cheelgadi or its affiliated companies;
(3) Enforce the terms or use; or
(4) Act to protect the interests of its members or others. Cheelgadi's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cheelgadi's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Cheelgadi sites/app or information provided to or gathered by Cheelgadi 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 Cheelgadi with respect to the Cheelgadi sites/app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cheelgadi with respect to the Cheelgadi sites/app. Cheelgadi app users agree that Cheelgadi will not be held liable for not updating wallet account on real time bases due to any technical reason, such as internet connection, system up-gradation or maintenance or any incident which is beyond the control of Cheelgadi in spite of all due care. Cheelgadi sites/app user do hereby agree that he/she will refresh or re- login after interval of a time for his updated balance with his Cheelgadi app Account and for any transaction there from.
20. Dispute Resolution Arbitration
Cheelgadi Veg Restaurant Pvt Ltd may elect to resolve any controversy or claim arising out of or relating to these Terms or its web-sites/app by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Jaipur, (Rajasthan), India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Cheelgadi may seek any interim or preliminary relief from a court of competent jurisdiction in Jaipur, (Rajasthan), India, necessary to protect the rights or the property of you or Cheelgadi Veg Restaurant Pvt Ltd. (Or its agents, suppliers, and subcontractors), pending the completion of arbitration. Governing Laws and Courts: Subject to Arbitration, the parties irrevocably agree and undertake that any controversy or claim arising out of or relating to these Terms Cheelgadi sites/app shall be adjudicated exclusively before a competent court in Jaipur, (Rajasthan), India only. The terms and its web-sites/app shall be governed by the laws of India.
Cheelgadi may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon its posting them on its web-sites/app or delivering them to you through e-mail. If you do not provide Cheelgadi with accurate information, Cheelgadi cannot be held liable if Cheelgadi fail to notify you. Its failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of its web-sites/app or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Cheelgadi and govern your use of its Cheelgadi site/app, superseding any prior agreements that you may have with Cheelgadi. These Terms shall be construed in accordance with the laws of India, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Jaipur, (Rajasthan), India, if seeking interim or preliminary relief or enforcement of an arbitration award. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.