CONDITIONS FOR USE OF THE PLATFORM
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
- ACKNOWLEDGEMENT AND UNCONDITIONAL ACCEPTANCE
You hereby agree, acknowledge and accept the Use of website and the services offered including restaurant services, fine-dine, delivery (“Services”) and other related services through the website as per the specifications, listed by the Impresario.
The term “you” referred hereinafter shall refer to any natural person or legal entity and shall deemed to mean and include User of this website shall include the “end user” of the products/services offered by the Impresario.
These “Conditions of Use’’ constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- PRIVACY PRACTICES
- YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Impresario or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the “Contact Information” provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Impresario. You can access and update as much of the information provided by you with us in the ‘User’s Account’ area of the website. You agree and acknowledge that you will use your account on the website for the products/services offered by Impresario only for your personal use and not for business or commercial purposes.
- PERSONAL INFORMATION
In general, you can visit this Web site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors.
Impresario will collect personal information from you, which includes your first and last name, address, telephone and mobile number(s), email address, or any other information, when you knowingly provide us with this information. This will generally occur when you either:
- Enter into a competition or promotion.
- Subscribe to our mailing list.
- Register as a Loyalty member.
- Apply for a job.
- Request information regarding our Franchise system.
Wherever Impresario collects personal information about you from someone else, Impresario will take reasonable steps to advise you. We shall be using the above said details for promotions of Impresario only. In case you don’t want to receive any communication from us, you could opt-out by sending an email to Lucknowee2022@gmail.comwith your mobile number.
- PRODUCTS/SERVICES/SERVICE INFORMATION
Impresario attempts to be as accurate as possible in the description of the products/services/service on the website. However, Impresario does not warrant that the products/services description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The products/services pictures are indicative and may not match the actual products/services. We may exercise this right on a case-by-case basis. All descriptions of products/services or products/services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any products/services at any time.
Impresario reserves the right to but are not obligated, to limit the sales of our products/services or services to any person, geographic region or jurisdiction, correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the products/services.
- RECOMMENDATION OF THE PRODUCTS/SERVICES
Any recommendation made to you in the website during the course of your use of the website is purely for informational purposes and for your convenience and does not amount to endorsement of the products/services by Impresario or any of its associates in any manner.
- USER CONTENT
The information, photo, image, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (” User Content “), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Impresario shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Impresario does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Impresario. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Impresario be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Impresario for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that Impresario has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Impresario has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site please contact us by email at Lucknowee2022@gmail.comand request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.
- INTELLECTUAL PROPERTY RIGHTS
“Impresario” name and logo and all related products/services and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) belong to Impresario. No trademark or service mark license is granted in connection with the products/services contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Impresario or others, are the intellectual property of their respective owners, and Impresario shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Impresario expressly and exclusively reserve all the intellectual property rights in all text, programs, products/services, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Impresario and are protected by the Indian copyright laws and international treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. The Contents and software on this Site are to be used only as a resource. All contents of the website including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Impresario it’s Affiliates and it’s content suppliers and the same is protected under Intellectual Property rights and the applicable laws of India. Any duplication, reutilization, reuse, cloning of contents of this website or any part thereof without prior written consent of Impresario and it’s affiliates shall lead to infringement of Intellectual property rights and the same may attract cause of action against such user of the content in accordance with the applicable laws of India.
- LIMITED LICENSE
Subject to your compliance with these Conditions of Use, Impresario grants you a personal, non-exclusive, non-transferrable and limited licence to access and make non commercial personal use of this website. However, the same shall not construe any license to download (other than page caching) or modify any content, or any portion thereof, except with express written consent of Impresario. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any products/services listings, descriptions, prices, offers and discounts; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Impresario reserves it’s rights in respect of the contents made available on the Website from time to time.
You may not be permitted to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, graphics, logos, videos, text, page layout, or form) of Impresario without express written consent of Impresario. You may not be permitted to use any Meta tags or any other “hidden text” for utilising contents of Impresario or its affiliates’ names or trademarks without the express written consent of Impresario and / or its affiliates, as may be applicable. Any unauthorised use terminates the permission or license granted by Impresario to access and use the Website. Any use of logos, proprietary graphic and materials subject to intellectual property Rights and applicable laws is strictly not permissible.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
- TERMS AND CONDITIONS OF USE OF PRODUCTS/SERVICES:
The user hereby agrees and understands that Impresario is only a website assisting in coordinating the user select the service, menu and other hospitality sector service offered by Impresario. Impresario operates its business transactions through its website in a highly prolific manner.
You hereby authorise Impresario to contact the user to provide by sharing the personal information like name, address, requirement details, contact details, products/services/ service information and to store such information of the User in Impresario’ computer/tele-communication system by Impresario, the aforesaid details shall be shared only and only with the User’s explicit consent. The products/services thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
In case any products/services purchased / services availed causes side effects or doesn’t suit you, please note that Impresario is in no manner responsible for any side-effects or service provider and manufacturer or service provider of the products/services or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products/services and consult a specialist before the use of the same before consumption/utilization.
Additionally, Impresario has complete control over the information transferred to it with respect to the communication feature available on Impresario’ online portal which the Users may to use while accessing, browsing the portal. However, any misconduct on the part of the User shall lead to violations of this Agreement and stricter actions shall be implemented as per Impresario’ policy.
The User shall ensure that he/she will not indulge in any of the following activities:
- Engage in any violations of government rules for any purpose;
- Misuse the service or the software for unlawful purpose or for causing nuisance, annoyance or inconvenience;
- Sharing of confidential information or
- Any such activity which is strictly prohibited on our online portal;
- Without prejudice to the above, Impresario makes no representation or warranty that:
- The products/services will meet the User’s requirements
- The products/services will be uninterrupted, timely, secure or error-free
- This website is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the website in terms of their correctness, accuracy, reliability, or otherwise. Impresario shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of products/services offered by Impresario or any party, or due to the failure of Impresario to provide products/services to the User for any reason whatsoever including but not limited to the user’s non-compliance with the products/services’ recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Impresario or any person or any organization involved in the above mentioned systems.
Impresario will not be liable for any damages of any kind arising from the use of the service offered by Impresario or any third party, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Nevertheless, Impresario supports the aggrieved User against any legal implications conducted during business transactions with their legal expert team.
- Impresario shall verify from each perspective of the business transaction whether Customer’s side and ensure timely secured payments and delivery of the products/services by the delivery partners/employees. In the event, the staff at Impresario finds any fault on either of the transacting parties, then Impresario at its own discretion may terminate the products/services of the defaulting party.
- If the User suspects any wrongdoing (legal or illegal) or has any complaint in respect of the products/services or the use on our online portal, the User may inform Impresario in writing of the problem, be it any company/entity/ Merchant offering such defrauded products/services, with immediate effect so that reasonable steps can be taken by Impresario from its end.
- All the calls made to Impresario customer care number may be recorded by Impresario for quality and training purposes.
- Any reviews, comments, communications and other conduct by the User, if found malafide then Impresario at its sole discretion shall terminate the access to its products/services and website towards such a User and stricter actions shall be taken against them. Accordingly, Impresario shall send a notice against such objectionable content within a reasonable time.
- How can I stop receiving marketing promotions for further offers & updates
Users, who initially opted-in to receive future offers or promotional materials may subsequently opt-out by sending an email to Lucknowee2022@gmail.com. Company will implement the change within ten working days of your request. Company will send an acknowledgement or confirmation of the request to the email address on file.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF Impresario. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
- LINKS AND THIRD-PARTY SITES
References on the Site to any names, marks, products/services or products/services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Impresario endorsement, sponsorship or recommendation of the third party, information, products/services or service or any association and relationship between Impresario and those third parties.
Impresario is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Impresario do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products/services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
Impresario reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. Impresario also reserves the universal right to deny access to particular users to any/all of its Products/services/services without any prior notice/explanation in order to protect the interests of Impresario and/or other visitors/Users to the Website. Impresario reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that Impresario can avail. In such instances, Impresario may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
User shall agree to indemnify and hold Impresario and its affiliates, their respective partners, directors, agents and employees harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connected therewith and interest chargeable thereon) asserted against or incurred by Impresario, that may arise out of, result from, or may be payable, by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the member pursuant to this Agreement and/ or the Terms.
Nevertheless, Impresario shall support its User with any liability that arises during the online business transactions by implementing its policy of forfeiture of the products/services/services of the defaulting party and assure adequate compensation from the defaulting party.
- VOUCHERS / COUPONS & GIFT CARD POLICY
- This Gift Coupon cannot be clubbed with any other existing offer or discount
- Taxes as applicable
- Management reserves the right to identify the authenticity of the Coupon in case of any dispute, if any.
- Management can change the company policy without any prior intimation
- Management does not accept any responsibility, if the customer loses the voucher
- GOVERNING LAW AND JURISDICTION
Without any prejudice to particulars listed in Clause 19 above, Impresario shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
- SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
- sending unsolicited email, including promotions and/or advertising of products/services/services; or
- forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
- FORCE MAJEURE:
Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, COVID-19, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, epidemic or pandemic which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
- ENTIRE AGREEMENT
Impresario’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
- CONTACT INFORMATION
For any further communication, clarifications and queries, you may reach out to us at: Lucknowee2022@gmail.com.
- GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below. You may contact the Grievance Officer to address any discrepancies and grievances you may have with respect to your Information with Impresario. The Grievance Officer will redress your grievances expeditiously.
Name: Vinod Pandey
Designation: President – Legal Administration
Contact Number: +919322563244/ 2 23099349-Ext-101
Email ID: email@example.com