Terms of Use

TERMS OF USE

Viben Client/MerchantTerms & Conditions

Welcome to Viben!
Thanks for using our services (“Services”). The Services are provided by Viben QR Innovations Private Limited. By using our Services, you are agreeing to these terms. Please read them carefully.”This Website is governed by law of Indian Law”
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with us if you use those Services.

Using our Services
You must follow any policies made available to you within the Services.
Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Viben’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Viben Account
You may need a Viben Account in order to use our Services. You may create your own Viben Account, or your Viben Account may be assigned to you by an administrator, such as your employer. If you are using a Viben Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
To protect your Viben Account, keep your password confidential. You are responsible for the activity that happens on or through your Viben Account. Try not to reuse your Viben Account password on third-party applications. If you learn of any unauthorized use of your password or Viben Account, follow these instructions.

Privacy and Copyright Protection
Viben’s Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Viben can use such data in accordance with our Privacy Policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think that somebody is violating your copyright and want to notify us, you can find information about submitting notices and Viben’s policy about responding to notices in our Help Center.

Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Viben (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure that you have the necessary rights to grant us this licence for any content that you submit to our Services.
Our automated systems analyse your content (including emails) to provide you with personally relevant features, such as customised search results, tailored advertising and spam and malware detection. This analysis occurs as the content is sent, received and when it is stored.
If you have a Viben Account, we may display your Profile name, Profile photo and actions you take on Viben or on third-party applications connected to your Viben Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts.
You can find more information about how Viben uses and stores content in the Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services
When a Service requires or includes downloadable software, this software may be updated automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we would be sorry to see you go. Viben may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.

Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Viben nor its suppliers or distributors makes any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for our Services
When permitted by law, Viben and Viben’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of Viben and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again).
In all cases, Viben and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.

Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Viben and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between Viben and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply Californian law to some types of disputes. If you reside in one of those countries, then where Californian law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, USA, excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, USA, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Viben consent to personal jurisdiction in those courts.

For information about how to contact Viben, please visit our contact page.

Viben User Terms & Conditions

  • Viben Website is governed by law of Indian Law
  • Any contract for the supply of Products or food delivery from this Website or Mobile Application is between you and the Participating Merchant
  • When ordering from this Website or Mobile Application you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
  • Any order that you place with us is subject to product availability, delivery capacity and acceptance by Participating Merchant.
  • The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Merchant and confirm the price of product or food delivery, Goods and Services ordered.
  • All prices listed on the Website or Mobile Application are correct at the time of publication and have been input as received by the Merchant; While we give great care to keep them up to date, the final price charged to you by the merchant can change at the time of delivery based on the latest menu and prices of the restaurant.
  • All prices listed on the Website or Mobile Application for products or food delivery by the Participating Merchant reflects the price the Participating Merchant charges at the time of listing. In case the price listed is not current and the Merchant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time..
  • Payment has to be made in cash or, if available on the Website or Mobile Application, by online payment, e.g. credit or debit card.
  • The prices reflected on the Website or Mobile Application/mobile application are determined solely by the Participating Merchant. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating Merchant.
  • The transaction of sale of food or food items is between Participating Merchant and the customer, and accordingly, Viben may be liable to charge or deposit any taxes applicable on such transaction.
  • The final tax invoice will be issued by the Participating Merchant and delivered to the customer along with the order.
  • Delivery periods quoted at the time of ordering are approximate only and may vary. Participating Merchant has sole responsibility to provide products or food delivery in a timely manner.
  • If you fail to accept delivery of products or food delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you.
  • Participating Merchants, who will prepare your order, aim to deliver within the time confirmed by the Merchant, to inform you if they expect that they are unable to meet the estimated delivery time.
  • You must notify the participating Merchant immediately if you decide to cancel your order, If the Merchant refuses cancellation, e.g. because preparation of products or food delivery has been completed, it may not be cancelled.
  • In the unlikely event that the Participating Merchant delivers a wrong item, you have the right to reject the item.
  • Its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. The issue has to be settled directly with the Participating Merchant.
  • You authorize us to use, store or otherwise process your personal information in order to provide the products or food delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the products or food delivery, Goods or Service to you. More information can be found in our Privacy Policy.
  • You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
  • Linked Sites: There may be a number of links on our Website or Mobile Application to third party Website or Mobile Applications which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Website or Mobile Applications or the Services or Goods that they may provide to you.
  • We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to info@vibenqr.com
    • Great care has been taken to ensure that the information available on this Website or Mobile Application is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website or Mobile Application will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website or Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    •  By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party Website or Mobile Application, or your consumption of any food or beverages from a Participating Merchant.
    • The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or Mobile Application or for any products or services purchased from us.
    • All prices are in India Rupees. GST is included where indicated
    • Payment must be made either at the time of ordering the products or food delivery, Goods or Services from us by credit card (if the payment option is available) or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
  • You agree and grant permission to Viben to receive promotional SMS and e-mails from Viben or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to info@vibenqr.com.