TERMS & CONDITIONS
AGREEMENT TO TERMS
Welcome to Indolj! Indolj is a website, service, and mobile application created and maintained by SYMITS. To make these Terms of Service (the “Terms”) easier to read, we will sometimes refer to Indolj (including our directors, officers, members, managers, employees, service providers, affiliates, successors and assigns) as “our”, “we”, or “us”, and we will refer to user(s) of the Service (including you) as “you” or “User(s)”. These Terms apply when you access or use the Indolj website located at www.indolj.pk (the “Site”, a component of the Service), access or use the Indolj mobile application (the “App”, a component of the Service), access or use the Indolj Application Programming Interface (the "API," a component of the Service), or in any way use or access any other components or features of the Service, if any and when available. Certain portions of these Terms apply differently depending on how you use the Service. Throughout these Terms, we will clarify those portions that apply to Users who are using the Service on behalf of a restaurant (“Restaurant”) and those portions that apply to Users who are placing an order from a restaurant that is processed through the Service (“Restaurant Customer”). We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
ABOUT THE SERVICE
Indolj provides a web-based platform through which restaurants can provide online ordering for their customers, and which allows customers to connect with restaurants to place orders for pickup, dine-in and/or delivery.
The “Service” includes (a) the Site; (b) the App, which allows Restaurants to access and manage their account; (c) the online ordering system, tools, features, and services provided and/or made available through the Site, App, and API; and (c) all Content (as defined below) provided and/or made available through the Site, App, and API. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account. Restaurant Customers do not need to create an account to place an order with a restaurant through the system.
RESTAURANTS MUST COMPLY WITH APPLICABLE LAWS IN CONNECTION WITH USING THE SERVICE
Restaurants may use the Service to receive and process online orders from the Restaurant. As a Restaurant, you are solely responsible to ensure that all content you or we create, upload, modify, or otherwise use in connection with the Service—including without limitation, content related to restaurant menu(s), customer data, and customer payment information—is accurate, authorized for use in connection with the Service; is not used in violation of any intellectual property rights or other of others; and complies with all applicable laws and regulations. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you upload or otherwise use in connection with the Service, or you have all rights, licenses, consents and releases that are necessary for use in connection with the Service as contemplated under these Terms; and (ii) neither the content posted or otherwise used by you in connection with the Service, nor Indolj’s use of the content (or any portion thereof) will infringe, misappropriate or violate a third party’s rights of any kind, or result in the violation of any applicable law or regulation. You acknowledge and agree that Indolj shall not be responsible to you or any third party for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of intellectual property rights, laws, or regulations by any User in connection with the Service.
Each restaurant is responsible to ensure that it is complying with any and all laws and regulations, and its use of the service is, subject. if you are a restaurant and you have any questions or concerns about law or regulation, please contact a qualified attorney.
Indolj will not tolerate use of the Service by any Restaurant (or individual acting on behalf of a Restaurant) to send messages or place phone calls that constitute Spam (as defined below) to any other Restaurant, Restaurant Customer, individual, or other entity. Notwithstanding anything else in these Terms, all Restaurants agree to not send Spam in connection with using the Service or in connection with any information or data obtained through the Service, including Restaurant Customer order information. Any Restaurant (or individual acting on behalf of a Restaurant) which sends Spam may be suspended and terminated, and Indolj may participate in the prosecution of those who send Spam.
CALCULATION AND PAYMENT OF FEES
Restaurants will be required pay fees on a monthly basis. You will receive an email receipt with invoice and payment information. If we change the structure or amount of Fees to be charged for the Service, we will make reasonable efforts to provide notice to existing Restaurants of any changes that affect existing Restaurants. You agree to pay all applicable Fees and as otherwise set forth by these Terms. You acknowledge and agree that if you fail to pay the Fees when due, you orders may not be processed or may be delayed, and/or you may be denied access to the Service. Restaurant Customers are not required to pay any fees to Indolj for use of the Service to place online orders with Restaurants. You are not allowed to register multiple memberships for use by the same person. Our charges are based on per location basis.
OUR INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Service is proprietary to and owned by us, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service and the trademarks, service marks, and logos contained therein (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Pakistan, foreign jurisdictions, and international conventions. The Content is provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Service, and no Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms in and to the Service and the Content.
LICENSE TO USE THE SERVICE
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Services shall also constitute the “Service” and shall be subject to these Terms. We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may also terminate this Agreement by simply discontinuing use of the Service. Your obligation to pay accrued charges and Fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, your account may be suspended and/or deleted. The limitations on your use of the Service shall survive such termination, and you agree to be bound by those terms. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
MOBILE APPLICATION LICENSE
If you access the Service via the App, then we grant you a revocable, nonexclusive, non transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on your devices strictly in accordance with the terms and conditions these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any Content, proprietary information, or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Service, you agree not to:
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS.
- Use the Service to process data on behalf of any third party without such third parties’ consent
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, bypass, disable, or otherwise interfere with securityrelated features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content.
- Use any other user’s account to process orders and/or obtain sensitive account information of other users.
- Copy or adapt the Service’s software, or engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
- Use the Service or any information obtained from the Service in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenuegenerating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that makes automated use of the Service or interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or App.
- Use the Service in a manner inconsistent with any applicable laws or regulations.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
All content that you post on the Service must comply with Pakistan copyright law, depending on jurisdiction.
We care about data privacy and security. We respect and value your privacy, and we are committed to protecting it through our compliance. We implement security measures designed to protect your information from unauthorized access, use, or disclosure. We protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks, and Indolj shall not be responsible for the circumvention of any of the Service’s privacy settings or security measures. If you have an account, we urge you to take steps to keep your account information (username and password) protected from unauthorized use by others. You should only access the services within a secure environment.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, revise, update, suspend, discontinue, or remove the Content and any features or portions of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or features available in connection with the Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may encounter unexpected technical problems or need to conduct maintenance related to the Service, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection with the Service.
These Terms and your use of the Service are governed by and construed in accordance with the laws of the Pakistan applicable to agreements made and to be entirely performed within the Pakistan, without regard to its conflict of law principles.
LIMITATIONS OF LIABILITY
In no event will indolj or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) use of the Service; (2) breach of these Terms ; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) violation of your rights by a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.