MM Operator - Terms and conditions
By using the Services, including by placing an Order, You are agreeing to our TOS; in order to provide You with information, accept and process Your order, deliver it and make recommendations to You regarding future orders, we have to process certain data and information including Personal Data that we collect from our Users, and that each User inputs. In order to operate the site, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes Your username, Your email address, Your IP information and any personally identifying information You enter on the Service, including information that You put into Your profile, such as Your email address, and other Content such as reviews that You may submit to the Service.
If You are a restaurant or merchant, other terms and conditions will apply to Your relationship with MM Sales Operator / Delivery Boy.
If You are a MM Sales Operator / Delivery Boy driver, other terms and conditions will apply to Your relationship with MM Sales Operator / Delivery Boy.
If You submit information to MM Sales Operator / Delivery Boy for purposes of seeking employment with the MM Sales Operator / Delivery Boy as an employee or contractor, MM Sales Operator / Delivery Boy reserves the right - but do not have a duty - to retain it in the manner in which MM Sales Operator / Delivery Boy retain similar business records, and reserve the right to use such information for purposes of determining Your suitability for the position You seek.
If You do not agree to any aspect of our TOS, You must discontinue use of our Services. You should print or otherwise save a copy of our TOS for Your records.
We may update or change our TOS from time to time and recommend that You review our TOS on a regular basis. If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to MM Sales Operator / Delivery Boy by You; Because this information is important to Your interaction with MM Sales Operator / Delivery Boy and Your use of the Services, You may not opt out of receiving these communications. You understand and agree that Your continued use of our Services after our TOS have changed constitutes Your acceptance of our TOS as revised.
MM Sales Operator / Delivery Boy is not the retailer of any products offered by Restaurants. Our responsibility to You is limited solely to facilitating a platform wherein You, the user, are able to request to have food, beverage and or merchandise products of Your choice delivered by a MM Sales Operator / Delivery Boy employee. The Restaurants are solely responsible for preparing and packaging all products ordered through MM Sales Operator / Delivery Boy. Each Restaurant is solely liable for the quality and freshness of its products, and MM Sales Operator / Delivery Boy does not verify the credentials, representations, products or prices offered by the Restaurants, and does not guarantee the quality of the product, or that any Restaurant or Restaurant product complies with applicable laws. MM Sales Operator / Delivery Boy shall not be liable or responsible for any products or services provided by Restaurants that are a cause of illness, injury or that are unacceptable to or do not meet Your expectations in any manner.
You have come to MM Sales Operator / Delivery Boy to see menus, order food or beverages or merchandise, and schedule a delivery for Yourself or someone else. In order to provide You with MM Sales Operator / Delivery Boy services, You have to provide us with certain information, and to streamline Your ordering experience, we collect and retain certain information about You as well:
• When You create a MM Sales Operator / Delivery Boy account, which involves registering for our Services
• If You subscribe to a mailing list, enter a contest, or contact us;
• When You place an Order
• When You interact with one of our Partners, a Restaurant or another service provider on the Service; and
• When You pay for an Order.
PAYMENT SERVICE AUTHORIZATION
You may be asked to provide us with a credit card number from a card issuer or other payment information that we accept in order to activate and/or pay for any fees related to the Service. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement. If you order from a Restaurant or other service provider, and do not answer the door or open the gate at the address provided by you, the MM Sales Operator / Delivery Boy driver has the right to leave the ordered item(s) and charge the order, any service/delivery charge and taxes related thereto, to the credit card number provided by you in connection with your order and the Service. Any pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge.
MM Sales Operator / Delivery Boy shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MM Sales Operator / Delivery Boy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, MM Sales Operator / Delivery Boy agree to promptly issue a credit to Your credit card account in the amount of the charge.
OUR REFUND POLICY
Unless prohibited by law, in the event that MM Sales Operator / Delivery Boy is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided it is brought to our attention within 30 days of Your order date. If You do not raise the issue within 30 days of Your order date, You waive the ability to receive a credit for any error.
TRANSACTIONS INVOLVING ALCOHOLIC BEVERAGES
Our jurisdiction currently does not permit the ordering and delivering of alcoholic beverages. However, once permitted in such jurisdictions, by placing an order for an alcoholic beverage, You expressly represent and warrant that:
• You are of Legal Age;
• You will provide legally issued identification showing Your Legal Age to Your driver upon delivery to You;
• You are purchasing alcoholic beverages for personal consumption and not for resale or any other commercial purpose; and
• You are not procuring alcohol from Alcoholic Beverage Suppliers for person(s) under the Legal Age.
If You order alcohol products, You understand and acknowledge that neither MM Sales Operator / Delivery Boy nor the driver can accept Your order of alcohol, and the order will only be delivered if the food service provider accepts Your order.
MM Sales Operator / Delivery Boy reserves the right to report any actions by You that would violate alcohol beverage laws, including but not limited to misrepresentation of age and distributing or selling alcoholic beverages to person(s) under age 21, as well as Personal Data connected therewith, to law enforcement authorities.
OUR MATERIALS AND LICENSE TO YOU
Content and information on the MM Sales Operator / Delivery Boy website as well as on the third-party sites used by MM Sales Operator / Delivery Boy to provide You with information, coupons, special deals and news, is owned by a wide range of parties, including MM Sales Operator / Delivery Boy, users who submit content like photos, videos and reviews, and the stores and restaurants we deliver from (the “Provided Content”). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. MM Sales Operator / Delivery Boy grants You a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons including but not limited to delivery to a place of business, residence, hotel or other location, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by MM Sales Operator / Delivery Boy or (b) hosted by MM Sales Operator / Delivery Boy, MM Sales Operator / Delivery Boy grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media. Nothing contained on the Sites should be interpreted as granting to You any broader commercial license to use any of the Provided Content and/or third party proprietary content on the Sites without the express written permission of MM Sales Operator / Delivery Boy or the appropriate third party owner, as applicable.
If You download any software or machine-readable Provided Content from MM Sales Operator / Delivery Boy, You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. MM Sales Operator / Delivery Boy reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
When You accept our TOS and complete our sign-up process, You become a MM Sales Operator / Delivery Boy account holder and we will create an Account Number so we can organize the data that we collect about Your Member Account to provide You with service and deliveries. In order to create Your Member Account You will be required to select a password. Please choose a strong password and do not reveal Your password to others. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under Your Member Account. If You suspect or become aware of any unauthorized use of Your Member Account please contact us. You should not share Your Member Account and/or password details with another person.
ACCEPTABLE USE POLICY
By accessing the Sites, You agree:
• Not to use the Sites or the services or submit content to the Sites if You are an Age-Barred Individual as defined herein.
• Not to use the site to cause nuisance, annoyance or inconvenience.
• Not to attempt to impersonate another user or person, or a restaurant or store, or member of the MM Sales Operator / Delivery Boy team, including for purposes of placing false or fake orders
• Not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by MM Sales Operator / Delivery Boy.
• Not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
• Not to access the Sites or services using a third-party's account/registration without the express consent of the account holder.
• Not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any MM Sales Operator / Delivery Boy server.
• Not to use the Sites in any manner that could damage, disable, overburden and/or impair any MM Sales Operator / Delivery Boy server, or the network(s) connected to any MM Sales Operator / Delivery Boy server, and/or interfere with any other party’s use and enjoyment of the Sites.
• Not to use any information obtained from the Sites or MM Sales Operator / Delivery Boy services in order to contact, advertise to, solicit, or sell to any user or restaurant or other service provider
• Not to use the Sites or any Provided Content as part of an effort to compete with MM Sales Operator / Delivery Boy.
• Not to use the software or services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any food service provider unless MM Sales Operator / Delivery Boy has given You permission in writing to do so.
• Not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or MM Sales Operator / Delivery Boy’s services.
• To report any errors, bugs, glitches, unauthorized access methodologies or any breach of IP rights that You uncover in Your use of software services.
• Not to use the Sites for any illegal purposes including but not limited identity fraud, credit card fraud.
• Not to use the Sites to purchase alcohol unless You and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying Your age at the time of alcohol delivery, or to facilitate the delivery of alcoholic beverages to anyone under the legal drinking age or who has otherwise been legally barred from ordering or procuring alcoholic beverages.
• Not to sell or transfer Your User Profile.
• To keep secure and confidential Your account password or any identification that We provide You.
• Not to upload or transmit viruses or other harmful, disruptive or destructive files.
LICENSES AND INDEMNIFICATION
You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Content which is deemed by MM Sales Operator / Delivery Boy, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by MM Sales Operator / Delivery Boy in its sole discretion to be advertising or "spam".
No User Submission shall be include any material which is deemed by MM Sales Operator / Delivery Boy, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by MM Sales Operator / Delivery Boy in its sole discretion to be advertising or "spam". You acknowledge that by using the Service, You may be exposed to material that is offensive, indecent or objectionable.
You recognize that some content on this site, including all User Submissions, represents the opinions of the individual who has created such content, and is not endorsed by this site in any way. MM Sales Operator / Delivery Boy does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any restaurant, user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, any material You download, view, or otherwise access through the Service is at Your own risk, and You will be solely responsible for any damage or loss of data that results from the download of any such material.
You understand that the technical processing and transmission of the Site, including Your Content contained therein, may involve transmissions over various networks, and may require changes to Your Content in order to conform and adapt to the technical requirements of connecting networks or devices.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Submissions, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Submissions submitted by You to MM Sales Operator / Delivery Boy.
You agree to indemnify and hold harmless MM Sales Operator / Delivery Boy and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services including but not limited to laws regarding underage purchases of alcohol. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, You agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses, and You may not settle any claim without the prior written consent of MM Sales Operator / Delivery Boy, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Website, Software and/or Services. You agree that MM Sales Operator / Delivery Boy shall not be liable to You or any third-party for any termination of or limitation on Your access to the Services.
Customers placing orders will receive email or textual alerts about each order placed on the Sites and/or pop-up notices on Your mobile device or computer. Additionally, You may receive additional emails following receipt of a delivered order soliciting feedback relating to that order, or recommending restaurants and/or food/beverage items to You based on prior orders and other interactions with MM Sales Operator / Delivery Boy and our partners.
THIRD PARTY INTERACTIONS
Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for restaurants and our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Content”). When You click on a link to Third Party Content, the Company will not warn You that You have left the Company’s Website or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Content is not under the control of the Company. The Company is not responsible for any Third-Party Content.
Ad Servers and Third-Party Hosted Content: MM Sales Operator / Delivery Boy may include advertisements and content served and/or hosted by third-party providers, including Restaurants, and reserves the right to share personally identifying information with Restaurants, as well as potential Restaurants, and MM Sales Operator / Delivery Boy business partners, designees, advertisers, marketing firms and related third parties, for purposes of site/Service integrity and so we can inform You of restaurants and stores that you might be interested in, or specific items you might be interested in.
MM Sales Operator / Delivery Boy may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. MM Sales Operator / Delivery Boy reserves the right to communicate with its users via communications methods provided by each or any user.
If You request that MM Sales Operator / Delivery Boy sends information to a third party, such as a friend, MM Sales Operator / Delivery Boy may utilize the contact data provided by You to forward information to said third party, and may retain said contact data as long as we feel appropriate.
TECHNICAL BUGS (OR GLITCHES)
MM Sales Operator / Delivery Boy respects the intellectual property of others, and We ask all of our users to do the same. If You believe that Your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide MM Sales Operator / Delivery Boy’s Copyright Agent with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
• Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
• Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
• A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work 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 the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL MM SALES OPERATOR / DELIVERY BOY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MM SALES OPERATOR / DELIVERY BOY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. MM SALES OPERATOR / DELIVERY BOY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. MM SALES OPERATOR / DELIVERY BOY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL MM SALES OPERATOR / DELIVERY BOY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO MM SALES OPERATOR / DELIVERY BOY OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that Your access to and/or use of the Sites, the Materials, Provided Content and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles. User agrees to jurisdiction in Charleston County.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on You and the Company.
At its sole discretion, MM Sales Operator / Delivery Boy may modify or discontinue the Services, or may modify, suspend or terminate Your access to the Software or the Services, for any reason, with or without notice to You and without liability to You or any third party. In addition to suspending or terminating Your access to the Software or the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Software is terminated, this Agreement will remain enforceable against You. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at
432-434 Supermall 1, Infocity,
Call us +91 6351380301
or Mail us firstname.lastname@example.org