I. Acceptance of terms
Thank you for using Thirsty Crow. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Thirsty Crow website at www.ThirstyCrow.info (the "Site") and any related mobile or software applications ("Thirsty Crow 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").
These Terms are effective for all existing and future Thirsty Crow users, including but without limitation to users having access to 'Thirsty Crow Business Partner App' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Thirsty Crow Platform, you are agreeing to these Terms and concluding a legally binding contract with Thirsty Crow and Filmy Brothers Entertainment and/or its affiliates (hereinafter collectively referred to as "Thirsty Crow"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Thirsty Crow Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
• Clicking to accept or agree to the Terms, where it is made available to you by Thirsty Crow in the user interface for any particular Service; or
• Actually using the Services. In this case, you understand and agree that Thirsty Crow will treat your use of the Services as acceptance of the Terms from that point onwards.
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'Thirsty Crow Business Partner Or Thirsty Crow Delivery Partner App' to manage claimed business listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Thirsty Crow Content" means content that Thirsty Crow creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Thirsty Crow or its users and is available on the Services.
"Vendor" means the restaurants or any other Business Partners listed on Thirsty Crow and any related mobile or software applications of Thirsty Crow.
III. Eligibility to use the services
1. 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.
2. Compliance with Laws. You are in compliance with all laws and regulations in INDIA 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).
IV. Changes to the terms
Thirsty Crow may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Thirsty Crow Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Provision of the services being offered by Thirsty Crow
1. Thirsty Crow is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Thirsty Crow provides, may require effecting certain changes in it, therefore, Thirsty Crow 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 contained on the site without any prior notice.
2. We, the software, or the software application store 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 store, 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.
3. You acknowledge and agree that if Thirsty Crow 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.
4. You acknowledge and agree that while Thirsty Crow may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Thirsty Crow may set such fixed upper limits at any time, at Thirsty Crow's discretion.
5. By using Thirsty Crow's Services you agree to the following disclaimers:
o The Content on these Services is for informational purposes only. Thirsty Crow disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Thirsty Crow reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Thirsty Crow does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Thirsty Crow. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Thirsty Crow.
o Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurant's listing page on the Platform is for informational purposes only. Such Certification is displayed by Thirsty Crow on an 'as available' basis that is provided to Thirsty Crow by the Restaurant partner(s). Thirsty Crow does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user's own risk and Thirsty Crow in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner.
6. Thirsty Crow reserves the right to charge a subscription and/or membership and/or a convenience fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Thirsty Crow Platform anytime in future.
7. Thirsty Crow 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 Thirsty Crow Platform terms. Further, Thirsty Crow reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if Thirsty Crow 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 Thirsty Crow Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Thirsty Crow reserves the right to modify, cancel and discontinue its Program without notice to the User.
VI. Use of services by you or user
1. Thirsty Crow User Account Including ‘Becoming a Business partner' with Us
b. 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.
c. In creating an account and/or Becoming a Business partner, you represent to us that all information provided to us in such process 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 an account or Becoming a Business partner, 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 listings except as otherwise authorized by us, or provide or use false information to obtain access to a business on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause Thirsty Crow or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
d. 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 Thirsty Crow account for any purpose and that you will be liable for such unauthorized access.
e. By creating an account, you agree to receive certain communications in connection with Thirsty Crow Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
2. Others Terms
a. In order to connect you to certain restaurants, we provide value added telephony services through our phone lines, which are displayed on the specific restaurant listing page on the Thirsty Crow Platform, which connect directly to restaurants' phone lines. We might record all information regarding this call including the voice recording of the conversation between you, and the restaurant (for internal billing tracking purposes and customer service improvement at the restaurant's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Thirsty Crow. You explicitly agree and permit Thirsty Crow to record all this information when you avail the telephony services through the Thirsty Crow provided phone lines on the Thirsty Crow Platform.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to use the data owned by Thirsty Crow (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with ‘Becoming a Business partner’ access) unless agreed to by/with Thirsty Crow in writing.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Thirsty Crow, unless you have been specifically allowed to do so, by way of a separate agreement with Thirsty Crow. You specifically agree not to access (or attempt to access) any of the Services through any automated means.
e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
1. Ownership of Thirsty Crow Content and Proprietary Rights
a. 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 Thirsty Crow 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 us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Thirsty Crow and that you shall not disclose such information without Thirsty Crow's prior written consent.
b. You agree to protect Thirsty Crow'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 Thirsty Crow (or Thirsty Crow'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 Thirsty Crow and that you shall not disclose such information without Thirsty Crow's prior written consent. Unless you have agreed otherwise in writing with Thirsty Crow, nothing in the Terms gives you a right to use any of Thirsty Crow's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Thirsty Crow; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, 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 Thirsty Crow's Content in whole or in part except as expressly authorized by Thirsty Crow.
d. 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 in section XV.
2. Your License to Thirsty Crow Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Thirsty Crow Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Thirsty Crow Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
3. Thirsty Crow License to Your or User Content
By submitting Your Content you hereby irrevocably grant Thirsty Crow a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘Thirsty Crow Business Partner App’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Thirsty Crow or its Users, any third party services and their users.
4. Representations Regarding Your or User Content
a. 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
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. 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 Thirsty Crow.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of User Content, from such Restaurant's listing page at its sole discretion.
6. Third Party Content and Links
b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Thirsty Crow is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
d. 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.
e. You further acknowledge and agree that Thirsty Crow 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.
7. User Reviews
a. User reviews or ratings for Restaurants do not reflect the opinion of Thirsty Crow. Thirsty Crow receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Thirsty Crow is the personal opinion of the user/reviewer only. Thirsty Crow is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page/listing. The advertisements published on the Thirsty Crow Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular user's review violates any of the Thirsty Crow' policies, the restaurant may write to us at Support@ThirstyCrow.info and bring such violation to our attention. Thirsty Crow may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
IX. Restrictions on use
1. 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, in our sole discretion:
1. Violate our Guidelines and Polices;
2. 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;
3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
4. Contains material that violates the standards of good taste or the standards of the Services;
5. 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;
6. Accuses others of illegal activity, or describes physical confrontations;
7. 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.
8. 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);
9. Attempts to impersonate another person or entity;
10. 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;
11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
13. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
14. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
16. Accesses or uses the account of another user without permission;
17. 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;
18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
19. "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
21. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
23. 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;
24. Collects, accesses, or stores personal information about other users of the Services;
25. Is posted by a bot;
26. Harms minors in any way;
27. Threatens the unity, integrity, defense, 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;
28. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
29. Attempts to do any of the foregoing.
2. You acknowledge that Thirsty Crow has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
3. You hereby agree and assure Thirsty Crow that the Thirsty Crow Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Thirsty Crow in any form or manner whatsoever.
X. User feedback
1. If you share or send any ideas, suggestions, changes or documents regarding Thirsty Crow's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Thirsty Crow is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Thirsty Crow 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 Thirsty Crow and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
2. Please provide only specific Feedback on Thirsty Crow's existing products or marketing strategies; do not include any ideas that Thirsty Crow's policy will not permit it to accept or consider.
3. Notwithstanding the abovementioned clause, Thirsty Crow 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 Thirsty Crow or any of its employees.
4. The purpose of this policy is to avoid potential misunderstandings or disputes when Thirsty Crow's products or marketing strategies might seem similar to ideas submitted to Thirsty Crow. 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.
5. Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of Thirsty Crow, without any compensation to you; (2) Thirsty Crow may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Thirsty Crow to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
1. 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 Thirsty Crow on the Services are subject to change without specific notice to you. In consideration for Thirsty Crow granting you access to and use of the Services, you agree that Thirsty Crow may place such advertising on the Services.
2. Part of the site may contain advertising information or promotional material or other material submitted to Thirsty Crow by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Thirsty Crow 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 Thirsty Crow found on or through the Thirsty Crow 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. Thirsty Crow 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 Thirsty Crow Platform and mobile application.
XII. Additional Terms and Conditions for Users using the various services offered by Thirsty Crow:
1. Thirsty Crow provides online ordering services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) and Wine Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for online ordering by the Users on the Thirsty Crow Platform.
2. The Users can access the menu items or Products listed on the Thirsty Crow Platform and place online orders against the Restaurant Partner(s)/Wine Store(s) through Thirsty Crow.
3. Your request to order food and beverages or Products from a Restaurant Partner or a Wine Store on the Restaurant Partner/ Wine Store page on the Thirsty Crow Platform shall constitute an unconditional and irrevocable authorization issued in favour of Thirsty Crow to place online orders for food and beverages or Products against the Restaurant Partner(s)/Wine Store(s) on your behalf.
4. Delivery of an order placed by you through the Thirsty Crow Platform may either be undertaken directly by the Restaurant Partner or the Wine Store against whom you have placed an order, or facilitated by Thirsty Crow through third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Thirsty Crow is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Wine Store, as the case may be.
5. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Thirsty Crow is not a party under any applicable law. It is clarified that Thirsty Crow does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Users through the Thirsty Crow Platform by connecting the Users with the Delivery Partners or the Restaurant Partners or the Wine Store, as the case may be.
6. Where Thirsty Crow is facilitating delivery of an order placed by you, Thirsty Crow shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
7. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Wine Store, as the Delivery Partner or the Restaurant Partner or the Wine Store may determine (“Delivery Charges"). You agree that Thirsty Crow is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Wine Store, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Wine Store or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Wine Store, order value, distance, demand during peak hours. Thirsty Crow will use reasonable efforts to inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
A. Online Ordering with Restaurant Partners:
a. All prices listed on the Thirsty Crow Platform are provided by the Restaurant Partner at the time of publication on the Thirsty Crow Platform and have been placed as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner may change at the time of delivery. In the event of a conflict between price on the Thirsty Crow Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of Thirsty Crow.
b. Pickup/Takeaway: When You opt for a Pickup/Takeaway (as defined below) You agree to be solely liable to ensure compliance with the conditions governing the Takeaway at the time of placing the Order, and Thirsty Crow shall not be liable in any manner in this regard. For the purpose of clarity, Pickup (in India)/Takeaway (in all other jurisdictions) would mean where a Restaurant Partner has agreed to provide an option to the Users to collect the Order themselves from the Restaurant Partner on which such an Order is placed. Thirsty Crow accepts no liability associated with food preparation by the Restaurant Partner accepting the Order, and all food preparation and hand over through Takeaway are the sole responsibility of the Restaurant Partner accepting the Order. The Pickup/Takeaway times for collection are provided by the Restaurant Partner and are only estimates.
B. Wine Store Delivery Services
a. Thirsty Crow operates an online marketplace under the name and style “Wine Store” Tab. whereby Thirsty Crow (i) enters into contractual arrangement with third-party retail stores (“Store(s)”) selling various liquor and alcoholic beverages (“Wine Store Product(s)”) on a principal-to-principal basis for the purpose of listing their Wine Store Products for online ordering by the Users on the Thirsty Crow Platform (ii) allows Users to place online orders of the Wine Store Products through the Thirsty Crow Platform.
b. The Wine Store Delivery Services are presently only available for Users in India, in states where such services are permitted by the authorities.
c. Thirsty Crow disclaims all warranties and liabilities associated with the Wine Store Product(s) offered by the Store(s) under Wine Store Delivery Services.
d. Thirsty Crow disclaims all liability associated with any harm or injury caused to you upon consumption of the Wine Store Products purchased from the Store(s) through the Thirsty Crow Platform.
e. You shall comply with the applicable law while placing an order for the Wine Store Product(s).
f. By placing an order for the Wine Store Product(s) under the Wine Store Delivery Services, you agree to have attained the minimum legal drinking (“Legal Drinking Age”) and have obtained applicable permits/license/authorization to purchase and consume the Product(s), in accordance with applicable state and central laws.
g. In order to avail the Wine Store Delivery Services, you are required to provide a copy of your government identification document containing your photograph and date of birth (“Identification Document”) at the time of placement of your Order(s) for the Product(s) on the Thirsty Crow Platform. Should you fail to provide the Identification Document you will not be able to Place the order for any Wine Store products.
i. It is your responsibility to determine the accuracy, quality, condition or packaging of your Wine Store Product(s) before accepting its delivery. In the event of any discrepancy in your order, do not accept its delivery and report such discrepancy to Thirsty Crow via the chat support available on the Thirsty Crow Platform. Once the delivery of an order has been accepted by you, Thirsty Crow shall not be liable for any issue with regard to the order, including without limitation, any missing product, tampered order or incorrect delivery of any Wine Store Product.
j. The quantity of Products ordered shall be in accordance with prescribed applicable law.
k. You shall ensure that the delivery location does not fall into the categories of places where delivery of the Products is prohibited under the applicable law.
l. You hereby agree to not place Order for Wine Store Products for any individual below Legal Drinking Age.
m. Services are available to only select geographies and are subject to restrictions under applicable law and the restrictions based on business hours and days of the Store(s).
n. While placing the order for the Wine Store Product(s), you would be liable to pay amounts towards the price of the Products as listed on the Thirsty Crow Platform including any delivery charges, payment gateway charges and any other charges as may be determined by Thirsty Crow in its sole discretion.
o. All Wine Store Products listed on the Platform will be sold at the listing price, unless otherwise specified. The prices listed on the Thirsty Crow Platform are as received from the Store(s).
p. If required under applicable law, you shall not place an order for Wine Store Product unless you are:
i. of sound mind;
ii. not railway servant or railway driver or the driver of motor vehicle on duty;
iii. not an Excise or Police Officer below the rank of a Sub-Inspector or a Grama Rakhi or Home Guard in uniform or vagrant under Police escort.
C. General Terms and Conditions
a. Thirsty Crow is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/ Wine Store(s) on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to Thirsty Crow, and facilitates the sale and purchase of food and beverages or Products between Users and Restaurant Partners/ Wine Store (s), under the contract for sale and purchase of food and beverages or Products between the Users and Restaurant Partners/ Wine Store(s).
b. Thirsty Crow shall not be liable for any acts or omissions on part of the Restaurant Partner/ Wine Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
c. For the users in India, it is hereby clarified by Thirsty Crow that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/ Wine Store(s), importers or manufacturers of the food products, 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 or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
d. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Thirsty Crow shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
e. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Thirsty Crow's terms and privacy policies.
f. You or any person instructed by you shall not resell food and beverages or Products purchased via the Thirsty Crow Platform.
g. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Thirsty Crow Platform when you place your order, which may be rounded up to the nearest amount. Users shall make full payment towards such food or Products ordered via the Thirsty Crow Platform.
h. Any amount that may be charged to you by Thirsty Crow over and above the order value, shall be inclusive of applicable taxes.
i. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
j. Personal Promo code can only be used by You subject to such terms and conditions set forth by Thirsty Crow from time to time.
k. Cancellation and refund policy:
i. You acknowledge that your cancellation, or attempted or purported cancellation of an Order shall amount to breach of your unconditional and irrevocable authorization in favour of Thirsty Crow to place that Order against the Restaurant Partners/ Wine Store(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Thirsty Crow to deduct or collect the amount payable as liquidated damages through such means as Thirsty Crow may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
ii. In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfilment of the services offered to You, You will not be eligible for any refunds.
iii. No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/ Wine Store(s)’ permission.
iv. Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
v. You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner / Wine Store on a best-efforts basis.
vi. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
XIII. Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIRSTY CROW AND FILMY BROTHERS ENTERTAINMENT, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("THIRSTY CROW PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE THIRSTY CROW PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE THIRSTY CROW PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIRSTY CROW OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY THIRSTY CROW, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
2. Limitation of Liability
You agree to indemnify, defend, and hold harmless the Thirsty Crow Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XIV. Termination of your access to the services
1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.
2. 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
XV. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
2. Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
4. Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Thirsty Crow and you shall have no authority to bind Thirsty Crow in any form or manner, whatsoever.
5. Governing Law/Waiver:
For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) MONTH AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
6. Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
7. Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVI. Notice of copyright infringement and grievance redressal mechanism
Thirsty Crow shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Thirsty Crow Platform, or items advertised on the Thirsty Crow Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
• Identify in writing the copyrighted material that you claim has been infringed upon;
• Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
• Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
• Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
• Provide your contact information including your address, telephone number, and e-mail address (if available);
• Provide your physical or electronic signature;
Send the written communication to: Support@thirstycrow.info