Last updated: Oct 14, 2015
These Terms and Conditions of Service (“Terms of Service”) govern your account on EatOye.pk, and the EatOye.com site (the “EatOye Sites” or the “Sites”) and your use of the Sites and all products and services provided through the EatOye Sites. EatOye.pk is operated by EatOye Pvt. Ltd. EatOye ("EatOye," "we", or “our”) and provides the content posted on the Sites subject to the following Terms of Service.
These Terms of Service incorporate the entirety of the EatOye Privacy statements posted on the Sites. Please read these Terms of Service carefully. By accessing and using the Sites, you agree to be bound by these Terms of Service. If you do not agree with these Terms of Service, please do not use the EatOye Sites.
EatOye reserves the right to add to, delete, or change the Terms of Service at any time at its sole discretion, without notice. As such, you should check these Terms of Service from time to time for such changes.
1. User Accounts
Account. If you create a user account for the Sites, you agree to complete the registration process by providing current, complete, and accurate information as required by EatOye. You are responsible for all activities that occur under your account. You agree to notify EatOye immediately of any unauthorized use of your account or any other breach of security. EatOye will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by EatOye or another party due to someone else using your account. You may not use anyone else's account at any time.
User Content. You acknowledge that you are responsible for any content you may submit through the Sites, including the legality, reliability, appropriateness, originality and copyright of any such content. With respect to any content you submit or make available through the Sites (other than personal information, which is handled in accordance with the Privacy Notice), you grant EatOye a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to EatOye.
2. Privacy Notice
Please be aware we collect anonymous and personal information on site specific cookies and on form submission in our secure database. We may use your contact data to send you information about EatOye and our affiliates, or our products or Services, to contact you when necessary and in conjunction with your use of certain Services. We may use your Traffic Data to customize and tailor your experience on the Sites, in emails and in other communications, displaying content, products or services that we think you might be interested in and according to your preferences.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Sites.
3. Site Content
The Sites, including without limitation the text, graphics, photographs, software, video and audio content, and the like that appear on the website or mobile site (the "Site Content"), is owned by or licensed to EatOye, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Site Content to other web sites, mobile applications, or otherwise, without the prior written consent of EatOye. Users cannot sell, or distribute, Site Content to third parties, prepare derivative works of or otherwise exploit Content without the prior written permission of EatOye. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content, please submit your request in writing via the Contact Us form. EatOye has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content. All of the EatOye trademarks, service marks and logos are owned by or licensed to EatOye and may not be used for any purpose without the prior written consent of EatOye.
4. Permitted Uses
The Sites are designed to offer food delivery services with restaurant partners, which may include a discount. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any EatOye' server, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any portion of the Sites, other accounts, computer systems, or networks connected to any EatOye' server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Sites. You will not link to any part of the Sites if such activity is illegal, will cause damage to, or will otherwise harm EatOye or any other party. Moreover, EatOye reserves the right in its sole discretion to disable or otherwise terminate your use of the Sites, or any links you make to the Sites, or request you to do the same. EatOye reserves all of its rights in the EatOye Sites not expressly granted to you by these Terms of Service.
5. Credits and Cancellation Policy
EatOye is not responsible for the service, eligibility, or termination of the restaurant.EatOye reserves the right to at any time without notice, change the terms applicable to Referral Credits, including expiration period, and/or your ability to redeem existing Referral Credits.
6. Claim of Copyright Infringement
EatOye respects the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the Sites infringes the copyright in a work you own, please contact us with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work allegedly infringed;
Identifying information reasonably sufficient to allow determination by EatOye of the location of the material that is allegedly infringing;
Information reasonably sufficient to permit EatOye to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section. For any questions regarding this procedure, or to submit a complaint, please contact EatOye with our Contact form.
7. Links to Other Websites/ Mobile Sites
The Sites may contain advertisements and/or links to other sites ("Third Party Sites"). These links are provided solely for the convenience of the users. EatOye does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites. If you decide to leave the Sites and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the EatOye Sites, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the EatOye Sites, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. EatOye bears no responsibility for any action associated with any Third Party Site. Moreover, EatOye does not imply an affiliation with any Third Party Site.
8. Limitation of Liability
You agree EatOye will not be held liable for any loss or damage incurred as a result of use of the Sites or services. You understand EatOye is not the seller of the goods or services advertised on the Sites. EatOye is a service provider and transaction handler for third party merchants ("Merchants"). EatOye is not the agent of any Merchant and takes no responsibility for the services or products for which Merchant Provides. EatOye has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. EatOye has no obligation to provide you with notice of any such changes, and EatOye is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Sites.
You agree to defend, indemnify, and hold harmless EatOye from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Sites. EatOye reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EatOye in asserting any available defenses.
10. Arbitration and Jurisdiction
All disputes arising out of, relating to or connected with these Terms of Service, or your use of any part of the EatOye Sites, will be resolved by final and binding arbitration administered by courts in Sindh, Pakistan, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative of class basis. Notwithstanding any other provision of these Terms of Service, to the extent that you have in any manner violated or threatened to violate EatOye’s intellectual property rights, EatOye reserves the right to seek injunctive or other appropriate relief in any local or high court in the province of Sindh, and you consent to exclusive jurisdiction and venue in such courts.