Last updated: 2022-09-15
Welcome to Hyrrokkin Branding Services Private Limited (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.gleeca.com(together or individually “Service”) operated by Hyrrokkin Branding Services Private Limited.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at email@example.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or emailing at firstname.lastname@example.org.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if suspected fraud or an unauthorized or illegal transaction.
4. Contests, Sweepstakes and Promotions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Hyrrokkin Branding Services Private Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting email@example.com customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide Hyrrokkin Branding Services Private Limited with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Hyrrokkin Branding Services Private Limited to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Hyrrokkin Branding Services Private Limited reserves the right to terminate your access to the Service with immediate effect.
Hyrrokkin Branding Services Private Limited may, at its sole discretion, offer a Subscription with zero cost for an undefined period for Gleeca Legacy users (Free Plan).
You may be required to enter your billing information if you avail of the add-on subscription.
At any time and without notice, Hyrrokkin Branding Services Private Limited reserves the right to (i) modify Terms of Service of Free Plan offers or (ii) cancel such Free Plan offers.
7. Fee Changes
Hyrrokkin Branding Services Private Limited, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Hyrrokkin Branding Services Private Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We do not issue refunds for Gleeca App Subscriptions.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Hyrrokkin Branding Services Private Limited has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of Hyrrokkin Branding Services Private Limited or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company’s rating.
0.9. Otherwise, attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
12. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hyrrokkin Branding Services Private Limited and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Hyrrokkin Branding Services Private Limited.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. 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;
0.6. 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 the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com.
17. Error Reporting and Feedback
You may provide us either directly at firstname.lastname@example.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
18. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Hyrrokkin Branding Services Private Limited.
Hyrrokkin Branding Services Private Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion, without notice. We will not be liable if for any reason, all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. You are no longer authorised to use Service if you do not agree to the new terms.
25. Waiver And Severability
No waiver by Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
Suppose any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
26. Payments to Restaurants
26.1. Gleeca allows the enablement and integration of Processing Services to your restaurants using Gleeca Sub-domain. You hereby fully authorize Gleeca to enable the Processing Services, submit Transactions, debit Your User Payment Account (as defined below), make decisions regarding the Processing Services and request changes to the setup of these Services on Your behalf.
26.2. The Processing Services include the acceptance and processing of Transactions, transaction reporting, settlement of funds and other services of Gleeca. Gleeca uses Razorpay Payment Gateway(For India) to accept online payments and settle the payments you receive from your customers. Captured payments are automatically settled to your bank account submitted to us as part of your KYC verification on the payout settings. The payment settlement cycle is T+3 days for domestic payments.
26.4: Payout Details: As part of the Registration process and to receive payouts, You must provide details of an active bank account under ownership with complete control and preferably in your business name to which all Transaction amounts shall be settled (“Bank Account”). The Bank Account submitted shall be subject to the Processor’s approval. You hereby warrant and represent that the Bank Account is registered under Your name (and in the event of a legal entity, under the name of the legal entity). You are solely responsible for the accuracy of the Bank Account details you provide to Gleeca and/or the Processor. You must ensure that your Bank Account remains active, in good standing and fully capable of being used in Gleeca application for as long as the Transactions conducted by You are subject to cancellation or reversal (and as otherwise specified or required by the Payment Network(s) and/or Processor)
26.5: Changes to your Bank Account: You may request to change your bank account on file. Such change of your Bank Account shall be subject to the Processor’s approval and may not be in effect with Transactions conducted before the processing of such change.
26.6: Responsibility for Charges, Fines & Losses
As between the restaurant owner and Gleeca, the restaurant owner is responsible and liable for all charges, including fees, chargebacks, refunds, fines or penalties arising in connection with the restaurant’s use of Gleeca Online Payment System, including any negative balance in the Restaurant Payment Account. Gleeca may collect such funds by instructing the Processor to deduct or set off such funds from your payment account.
The restaurant further agrees that (a) the restaurant will be solely liable for any losses incurred by Gleeca or the Payment Gateway Processor as a result of any unauthorized, fraudulent, illegal, improper or erroneous use of Gleeca Online Payment System, including any use made in breach of these Service Terms by any of the User’s Customers, User, or any of the User’s employees, agents, representatives or contractors, and (b) Gleeca shall have no liability or obligation whatsoever in connection with any act or omission of the Processor, the acquiring bank and the Payment Networks. Without derogating from any other right, Gleeca may collect such losses.
26.7: Payment Report: Restaurants can verify their balances and Settlement Amounts payable to them through the Gleeca Dashboard. Gleeca disclaims all liability and responsibility for such information’s accuracy and/or availability. Unless otherwise required by applicable law, the restaurant shall be solely responsible for ensuring the accuracy of the amounts reflected in the Payment Dashboard and the Settlement Amounts received. In case of any discrepancy between the Payment report and the Transactions, the restaurant shall immediately notify Gleeca to work with the Processor to investigate the matter and exercise commercially reasonable efforts in resolving any discrepancy. The restaurant will promptly provide such information and assistance to Gleeca as Gleeca may request in connection with any such investigation. Gleeca shall not be responsible for any act or omission of the Processor, its service providers or partners, or any financial institution concerning the settlement.
26.8: Disputing Settlements: The restaurant owner must file all disputes regarding Settlement Amounts to Gleeca within 90 days following the settlement date. No disputes or complaints by a restaurant owner shall be accepted after 90 days, and following such period, the settlement of the relevant Transaction shall become irrevocable, irreversible and final.
26.9: Transaction Cancellations: The Restaurant owner shall be fully responsible for the Transactions, including cancellation or cancellation request of a Transaction, including due to a Dispute, Refund (as defined below) of a Transaction or the reversal or return of a Transaction conducted, facilitated or initiated by Gleeca Online Payment System, Payment Networks, other payment method providers, Processors or acquiring banks (“Reversal”) (a “Transaction Cancellation”). Gleeca is not responsible or liable to you for any Transaction Cancellation. You shall be liable to Gleeca for the Transaction Cancellation amount and all related costs, fines, Service Fees, penalties and expenses (“Cancellation Costs”) associated with a Transaction Cancellation. Gleeca and the Processor shall have the right to deduct Transaction Cancellation amounts and Cancellation Costs from any Settlement Amounts payable to such User. Suppose Gleeca cannot deduct the amounts or otherwise collect such amounts, the restaurant owner shall pay the Transaction Cancellation amount and Cancellation Costs immediately upon Gleeca’s first notice. All Transaction Cancellations must be done through the Gleeca Online Payment System and may require the payment of specific Service Fees as set forth on the Website.
26.10: Refunded Transaction: The restaurant shall bear all costs and expenses associated with or resulting from any Refund (including any Service Fees incurred due to the original Transaction, which shall not be refunded). For the purpose hereof, “Refund” means a Transaction Cancellation, which is initiated by the restaurant and results in the reimbursement of the Customer for all or some of the amounts paid in such Transaction. A Refund of a Transaction shall be subject to a sufficient balance in the Restaurant Payment Account, such that it is possible to offset the refunded amount from the Settlement Amounts. Gleeca and the Processor shall have the right to withhold funds in the Restaurant Payment Account and/or deduct the associated Refund amount from the User Settlement Amounts, as required to process and pay Refunds. Gleeca may further decline any Refund when Gleeca believes that such an order increases the risk of a negative balance or will otherwise risk your ability to meet your liabilities under these Service Terms.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
28. Contact Us
Please send your feedback, comments, and requests for technical support by email: email@example.com.