ACCEPTANCE OF TERMS
USE OF THE ONLINE SERVICES
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Online Services solely for your own noncommercial use. Any other use of materials on the Online Services, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of Dilliwala is strictly prohibited.
All trademarks, service marks, trade names and tradedrerss, whether registered or unregistered (collectively the “Marks”) that appear within the Online Services are proprietary to Dilliwala or other respective owners that have granted Dilliwala the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of Dilliwala, and you may not remove or otherwise modify any trademark notices from any Content.
This Online Services may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on the Online Services, you hereby grant Dilliwala an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Dilliwala in connection with the dilliwala’s exercise of its license rights in and to the User Content you have posted on or submitted to the Online Services. By posting or submitting the User Content on the Online Services, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Online Service’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Dilliwala respects the intellectual property of others, and we ask our users and visitors to do the same. Dilliwala will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Dilliwala will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dilliwala the following information. Please be advised that to be effective, the notification must include ALL of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Online Services;
your address, telephone number, and email address and all other information reasonably sufficient to permit Dilliwala to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to MIRCH MASALA CATERING INC, Attention: Legal Department,
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DILLIWALA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM & TERMINATION
LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA PAGES
The Online Services may contain links to other third-party websites, including the restaurants, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as "External Sites"). External Sites are provided only for your convenience. However, even if the third party is affiliated with Dilliwala, Dilliwala has no control over the External Sites, all of which have separate privacy and data collection practices, independent of Dilliwala. If you decide to visit any External Site, you do so at your own risk. Dilliwala and its affiliates have no responsibility or liability for any External Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from an External Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Site.
TRANSACTIONS WITH EPL AND THIRD PARTIES
If you wish to make purchases through the Online Services or an External Site, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold Dilliwala liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.
In order to use Online Services made available through a mobile or tablet application (an “App”) you must have a compatible mobile device. Dilliwala does not warrant that the App will be compatible with your mobile device.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
Dilliwala makes no warranties or representations about the accuracy or completeness of the Online Service’s content or the content of any External Sites. Dilliwala does not filter advertisements or other content that children may view through our Online Services or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DILLIWALA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DILLIWALA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE ONLINE SERVICES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DILLIWALA’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE ONLINE SERVICES EXCEED TEN DOLLARS.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Online Services,