These Terms of Service (the "Terms") apply to the web site ServeMeNow at www.servemenow.com (the "Site") and any related mobile or software applications ("ServeMeNow Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
Please read these Terms carefully. By accessing or using the ServeMeNow Platform, You are agreeing to these Terms and concluding a legally binding contract with Cogito Ergo Sum – Lau (Zurich, Switzerland) and Cogito Ergo Sum Software Solutions (India) Private Limited, collectively known as ServeMeNow.
You hereby represent and warrant that:
- You are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- You are in compliance with all laws and regulations in the country in which You live when You access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate Our legal rights or those of any Third Party(ies).
- Your use of the ServeMeNow Platform is at Your own risk, including the risk that You might be exposed to Content that is objectionable, or otherwise inappropriate.
- ServeMeNow reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services that make up the ServeMeNow Platform and Services.
- We, the software, or the software application distributor that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless Your device, its settings, or computer software does not permit transmission or use of upgrades or updates, You agree that We, or the applicable software or software application distributor, may provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to Your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to You by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if ServeMeNow disables access to Your account, You may be prevented from accessing the Services, Your account details or any files or other content, which is contained in Your account.
- The Content on these Services is for informational purposes only. ServeMeNow disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. ServeMeNow reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. ServeMeNow does not guarantee quality of the Goods or Services that are provided by the Establishments, the prices listed in menus or the availability of all menu items at any Establishment. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by, or licensed to ServeMeNow.
- ServeMeNow may from time to time introduce referral and/or incentive based programs for its Users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the ServeMeNow Platform Terms. Further, ServeMeNow reserves the right to terminate/suspend the User’s account and/or credits/loyalty points earned and/or participation of the User in the Program if ServeMeNow determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or ServeMeNow Platform Terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, ServeMeNow reserves the right to modify, cancel and discontinue its Program without notice to the User.
You may also be able to register to use the Services by logging into Your account with Your credentials from certain Third Party social networking sites (e.g., Facebook). You confirm that You are the owner of any such social media account and that You are entitled to disclose Your social media login information to Us. You authorize Us to collect Your authentication information, and other information that may be available on or through Your social media account consistent with Your applicable settings and instructions.
In creating a User account (either personal or business), You represent to Us that all information provided is true, accurate and correct, and that You will update Your information as and when necessary in order to keep it accurate. If You are creating a business account, then You represent to Us that You are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than Yourself, provide an email address other than Your own, create multiple accounts or business accounts except as otherwise authorized by Us, or provide or use false information to obtain access to the MerchantCenter on the Services that You are not authorised to access. You acknowledge that any false claiming of a business account may cause ServeMeNow or Third Party(ies) to incur substantial economic damages and losses for which You may be held solely liable and accountable.
You are also responsible for all activities that occur in Your account. You agree to notify Us immediately of any unauthorized use of Your account in order to enable Us to take necessary corrective action. You also agree that You will not allow any Third Party to use Your ServeMeNow account for any purpose and that You will be liable for such unauthorised access.
By creating an account, You agree to receive certain communications in connection with ServeMeNow Platform or Services. You can opt-out or manage Your preferences regarding non-essential communications through account settings.
- Orders made via the web site or via the ServeMeNow App at least 1 hour or more, are considered as Pre-Order.
- Discounts are issued at time of Pre-Order and Pre-Payment either via the web site or via the ServeMeNow App. The amount of discount differs from Establishment to Establishment, and is at the discretion of the Establishments.
- Customers redeeming their Pre-Paid Pre-Orders will be provided with an OTP (One Time Passcode) delivered to their mobile phone number via SMS and email address that is registered with ServeMeNow. If the OTP code is not provided to the Establishment, the Order will not be fulfilled, or the Establishment may request that payment is made for the full amount at time of dining. Should that situation arise, ServeMeNow will issue a refund after confirmation with the Establishment, and a credit card cancellation fee will be deducted from the refund amount. ServeMeNow will not add any handling charge in such matters.
- It is the sole responsibility of participating Establishment to honour Your Order and deliver it to You. ServeMeNow is only a service platform acting as ‘middle man’ between You and the Establishment. ServeMeNow shall not be liable for any acts or omissions on part of the Establishment including deficiency in service, wrong delivery of Order, quality of food, time taken to deliver the Order, etc.
- ServeMeNow are not liable of any violation of Food Safety and Standards Act for any country which We operate in, and applicable rules and regulations shall solely rest with the Establishments or manufacturers of the food products or any pre-packed goods accordingly. For the purpose of clarity pre-packed goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer.
- Please note that some of the food may be suitable for certain ages only and may contain ingredients not suitable to allergy sufferers or with certain medical conditions. You should check the dish(es) You are ordering and read its description, if provided, prior to placing Your Order, and in cases where it is critical, We strongly suggest to contact the relevant Establishment for clarification. ServeMeNow shall not be liable in the event food ordered by You does not meet Your dietary or any other requirements and restrictions.
- All prices listed on the App are correct at the time of publication, and have been placed as received from the Establishment. While We take great care to keep them up to date, the final price charged to You by the Establishment may change at the time of delivery. In the event of a conflict between price on the App and price charged by the Establishment, the price charged by the Establishment shall be deemed to be the correct price.
- The total price for food ordered, including delivery charges and other charges, will be displayed on the App when You place Your Order. Users shall make full payment towards such food ordered via the App.
- Delivery periods quoted at the time of ordering are approximate only, and may vary.
- Once an Order is placed by You and accepted by the Establishment, it is only eligible for cancellation if the Order is not preparation.
- All refunds shall be processed in the same manner as they are received. Refund amount will reflect in Your account based on respective banks policies. Any charges that is charged by the banks, will be deducted from the total refund amount.
- Can only be used for discounts on Orders placed on the ServeMeNow Platform
- Will be refunded if a complete Order is cancelled
- Are not transferable between Customers regardless of the relationship
- Will not be redeemable in any way if the Customer chooses to terminate their ServeMeNow Customer membership account
We are the sole and exclusive copyright owners of the Services and Our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and ServeMeNow Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Ourselves and such others. You further acknowledge that the Services may contain information which is designated as confidential by ServeMeNow and that You shall not disclose such information without ServeMeNow's prior written consent.
You agree to protect ServeMeNow’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this Agreement and to comply with all reasonable written requests made by us or Our suppliers and licensors of Content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that ServeMeNow (or ServeMeNow's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by ServeMeNow and that You shall not disclose such information without ServeMeNow's prior written consent. Unless You have agreed otherwise in writing with ServeMeNow, nothing in the Terms gives You a right to use any of ServeMeNow's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of ServeMeNow; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the ServeMeNow’s Content in whole or in part except as expressly authorized by ServeMeNow.
To the fullest extent permitted by applicable law, We neither warrant nor represent that Your use of materials displayed on the Services will not infringe rights of Third Parties not owned by or affiliated with Us. You agree to immediately notify Us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below.
You are responsible for Your Content. You represent and warrant that You are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, Third Party services, and Our and any Third Party users will not violate or infringe any rights of Yours or any Third Party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes You personally identifiable.
While we reserve the right to remove Content, we do not control actions or Content posted by Our Users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Users and any and all liability arising from such Content is the sole responsibility of the User who posted the Content, and not ServeMeNow.
Third Party content, including content posted by Our Users, does not reflect Our views or that of Our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the Content available through the Services is endorsed or certified by the providers or licensors of such Third Party content. We assume no responsibility or liability for any of Your Content or any Third Party content. You further acknowledge and agree that ServeMeNow is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Without limiting the generality of these Terms, in using the Services, You specifically agree not to post or transmit any Content (including review) or engage in any activity that:
- Violates Our Guidelines and Polices;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
- Constitutes knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business/Staff You are reviewing including creating postings or reviews submitted or removed in exchange for payment;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to Our Guidelines and Policies for more details about health code violations;
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid/snowball schemes and advertisements;
- Asserts or implies that Your Content is in any way sponsored or endorsed by Us;
- Falsely states, misrepresents, or conceals Your affiliation with another person or entity;
- Access or use the account of another User without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- Violates any contract or fiduciary relationship;
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other Users of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defence, security or sovereignty of the country of use, 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;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content.
If You share or send any ideas, suggestions, changes or documents regarding ServeMeNow’s existing business ("Feedback"), You agree that (i) Your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) ServeMeNow is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) ServeMeNow may have already received similar Feedback from some other User or it may be under consideration or in development, and (iv) By providing the Feedback, You grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and You irrevocably waive, against ServeMeNow and its Users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
ServeMeNow or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to ServeMeNow or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when ServeMeNow’s products or marketing strategies might seem similar to ideas submitted to ServeMeNow. If, despite Our request to not send us Your ideas, You still submit them, then regardless of what Your letter says, the following terms shall apply to Your Submissions.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by ServeMeNow on the Services are subject to change without specific notice to You. In consideration for ServeMeNow granting You access to and use of the Services, You agree that ServeMeNow may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to ServeMeNow by Third Parties or Users. Responsibility for ensuring that material submitted for inclusion on the ServeMeNow Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ServeMeNow found on or through the ServeMeNow Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such advertiser. ServeMeNow will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the ServeMeNow Platform and mobile application.
FURTHERMORE, UNLESS OTHERWISE AGREED TO IN WRITING BY SERVEMENOW, THE TOTAL LIABILITY OF SERVEMENOW PARTIES TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST SERVEMENOW PARTIES WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED SWISS FRANCS (CHF 100.00).
Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent You are a consumer the limitations or exclusions in this section may not apply to You.
You can delete Your account at any time by contacting Us via the "Contact Us" link at the bottom of every page or by via My Preferences section.
We may terminate Your use of the Services and deny You access to the Services in Our sole discretion for any reason or no reason, including Your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of Your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete Your account and all related information and/or bar any further access to Your account or the Services. If You use the Services in violation of these Terms, we may, in Our sole discretion, retain all data collected from Your use of the Services. Further, You agree that we shall not be liable to You or any third party for the discontinuation or termination of Your access to the Services.
Send the written communication to:Email address: firstname.lastname@example.org