Terms and condition

I. Agreement to Terms
Thank you for choosing Fnicky. These Terms of Service ("Terms") outline your rights and responsibilities when using the Fnicky website at www.fnicky.com (the "Site"), related mobile or software applications ("Fnicky Platform"), and any associated services (collectively, the "Services").

These Terms apply to all Fnicky customers, present and future, including users managing their business listings.

Please review these Terms carefully. By accessing or using the Fnicky Platform, you are entering into a legally binding contract with Fnicky India Pvt. Ltd. and/or its affiliates (referred to as "Fnicky"). If you do not agree to these Terms, please refrain from using the Services. Your use of the Fnicky Platform signifies your acceptance of these Terms and acknowledges that you may be exposed to content that could be objectionable.

To use the Services, you must accept these Terms. You can accept them by:

Clicking to accept the Terms where provided by Fnicky.
Using the Services, indicating your acceptance of the Terms.

II. Definitions

Customer: Refers to users accessing or using the Services, including those managing business listings.
Content: Includes reviews, images, videos, and other information shared on the Services.
Restaurant(s): Refers to establishments listed on the Fnicky Platform.

III. Eligibility
By using the Services, you confirm that you are at least 18 years old and fully capable of understanding and agreeing to these Terms. You must comply with all applicable laws and regulations.

IV. Changes to Terms
Fnicky may modify these Terms at its discretion. It is your responsibility to review them periodically. Your continued use of the Fnicky Platform after any changes signifies your acceptance of the amended Terms.

V. Translation
Translations of these Terms are provided for convenience only. In case of discrepancies, the English version prevails.

VI. Provision of Services
Fnicky reserves the right to modify or discontinue any aspect of the Services without prior notice. Updates or upgrades to the software may be provided, and you may be required to install them to continue using the Services.

Fnicky may conduct research and experiments to enhance the platform and improve user experience.

By using the Services, you agree to the following disclaimers:

Fnicky does not guarantee the accuracy or availability of information provided on the platform.
Any certifications displayed are for informational purposes only, and Fnicky does not warrant their validity or accuracy.
Fnicky may introduce subscription fees or other charges for its products or services.
Fnicky may offer referral or incentive programs, subject to their respective terms and conditions.

VII. Use of Services

Account Creation: You must create an account to access certain features, including claiming business listings. You are responsible for maintaining the confidentiality of your account and notifying Fnicky of any unauthorised use.
Business Listings: When claiming a business listing, you must provide accurate information and confirm your ownership or authorization to represent the business. Impersonation or false claims may result in liability.
Communication: By creating an account, you agree to receive certain communications related to the Fnicky Platform or Services. You can manage your communication preferences in your account settings.

Additional Terms
a. Fnicky offers telephony services through its platform to connect users with restaurants. These calls may be recorded for internal purposes, including billing and improving customer service at the restaurant. By using Fnicky's phone lines, you consent to the recording of these calls.
b. You agree to use the Services in compliance with these Terms and applicable laws.

c. The data provided by Fnicky, whether through the Services or other means, is for personal use only and may not be used for commercial purposes without written consent from Fnicky.

d. You agree to access the Services only through the provided interface and not to use any automated means to access them. Additionally, you agree not to interfere with or disrupt the Services.

VIII. Content

Ownership and Proprietary Rights:
a. Fnicky owns all intellectual property rights associated with the Services and its content. You agree to protect these rights and not disclose confidential information without Fnicky's consent.
b. You are granted a limited licence to use the Services for personal, non-commercial purposes. Any unauthorised use may result in termination of access and potential legal action.

Your Licence to Fnicky Content:
a. You grant Fnicky a perpetual, worldwide, non-exclusive licence to use any content you submit to the platform. This includes the right to use, modify, and distribute your content for various purposes.
b. By submitting content, you waive any moral rights or attribution claims associated with it.

These terms outline your rights and obligations when using Fnicky's services and content

Your Responsibilities Regarding Content
a. You are accountable for the content you submit. You confirm that you have the right to submit the content, it's original, not copied from elsewhere, not submitted via automated means, and its use won't violate any rights. Your content must be truthful, accurate, and comply with our guidelines and applicable laws.
b. If your content includes a review, you must be its sole author, reflecting a genuine dining experience without any payment or personal incentive influencing your opinion.

c. You accept all risks associated with your content, including its quality and reliability. While we can remove content, we're not liable for actions or content posted by users. Responsibility lies with the user who posted the content.

Content Management
We reserve the right to remove or disable access to any content deemed objectionable or violating our terms, without notice. This includes the right of restaurants to remove images from their listing pages.

Third-Party Content and Links
a. The Services may contain links to third-party content governed by their own terms and policies. We may use third-party data sources for business information.

b. We don't endorse third-party content and have no control over its accuracy or legality. We may improve or correct content at our discretion.

c. Fnicky isn't liable for the availability or content of external sites or resources. We don't endorse any materials on such sites.

d. Third-party content doesn't reflect our views, and we're not responsible for it. We assume no liability for user-generated or third-party content.

e. Fnicky isn't liable for any loss or damage resulting from external sites or resources. We disclaim responsibility for offensive, illegal, or infringing content provided by third parties.

Customer Reviews
a. Restaurant reviews reflect customers' opinions, not Fnicky's. We're a neutral platform facilitating communication between users and businesses.
b. We don't mediate disputes but encourage businesses to address reviews directly. We may remove reviews violating our policies or harming the platform.

IX. Content Guidelines and Privacy Policy

Content Guidelines
You agree to follow our guidelines for content posted on our platform.

Privacy Policy
You agree to our privacy policy, which allows disclosure of information in certain circumstances to enforce our terms and protect our interests.

X. Restrictions on Use
You agree not to engage in activities that violate our guidelines, including posting harmful or objectionable content, impersonating others, or interfering with the platform's functionality. We reserve the right to monitor and take action against violations, including suspension or termination of access.

XI. Providing Feedback
If you have any ideas, suggestions, or documents related to Fnicky's current business ("Feedback"), please note the following:

Your Feedback shouldn't contain any confidential information from third parties.
Fnicky isn't bound by confidentiality regarding your Feedback and can use it freely.
Fnicky may have received similar Feedback from others or may already be considering similar ideas.
By giving Feedback, you grant Fnicky a non-exclusive, royalty-free, global license to use, modify, and distribute it.
Please focus your Feedback specifically on Fnicky's existing products or marketing strategies, avoiding ideas that Fnicky's policy prevents it from accepting.

Despite this policy, Fnicky and its employees do not accept unsolicited ideas, including new advertising campaigns, promotions, products, or technologies. Please refrain from submitting unsolicited ideas, original artwork, or other works to Fnicky or its employees.

The purpose of this policy is to prevent misunderstandings or disputes when Fnicky's products or strategies appear similar to ideas submitted to us. If, despite our request not to send ideas, you still submit them, the following terms will apply:

Your submissions become the property of Fnicky without compensation.
Fnicky can use or redistribute your submissions freely.
Fnicky isn't obligated to review your submissions or keep them confidential.

XII. Advertising
Some of our Services display advertisements supported by advertising revenue. These ads may change in manner and extent without specific notice to you. By using our Services, you agree to the presence of such advertising.

Fnicky may display advertising material or other content submitted by third parties or Customers. It's the responsibility of those submitting material to ensure it complies with applicable laws. Any dealings or disputes with advertisers other than Fnicky found on our platform are solely between you and the advertiser.

For charitable campaigns displayed on our platform where Customers can donate money, Fnicky is not involved in the collection or use of funds. We do not guarantee the accuracy or legality of any information related to charitable campaigns.

XIII. Additional Terms and Conditions for Customers

Food Ordering and Delivery:
a. Fnicky acts as an intermediary between Customers and Restaurant Partners/Stores for food ordering and delivery services.
b. Customers can place orders through Fnicky for menu items listed by Restaurant Partners/Stores.
c. By placing an order, you authorise Fnicky to place it on your behalf with the Restaurant Partner/Store.
d. Delivery may be handled directly by the Restaurant Partner/Store or facilitated by Fnicky through third-party Delivery Partners.
e. Fnicky is not liable for any acts or omissions of Delivery Partners.
f. Delivery Charges and Delivery Surge may apply to orders.
g. Fnicky will provide order documents such as summaries and tax invoices as per legal regulations.
h. Customers are expected to respect Delivery Partners and provide a secure work environment.
i. Fnicky is not responsible for food quality, delivery time, or any warranty/guarantee of items sold.
j. Customers should verify food suitability before ordering.
k. Personal Promo codes are subject to Fnicky's terms.
l. Cancellation and refund policies apply, with liquidated damages for order cancellations by Customers and refunds for Fnicky-initiated cancellations.
These terms also apply to Fnicky Gift orders, where Customers can send food orders to others as gifts, subject to certain conditions and limitations.

FOOD HYGIENE RATINGS:
a. Fnicky collaborates with certified auditors to conduct hygiene audits for restaurants, and the Hygiene Ratings on our platform reflect their findings. We don't conduct these audits ourselves, just facilitate the process.
b. The Hygiene Ratings serve as a guide to a restaurant's hygiene standards at the time of the audit, not as a measure of food quality.

c. The Hygiene Ratings are valid for either six or twelve months, depending on the audit type. We reserve the right to remove ratings once they expire, without prior notice.

d. Disclaimer and Liability:

Hygiene Ratings are provided "as available" based on auditor data. We make no warranties regarding their accuracy.
Customers rely on these ratings at their own risk; we're not liable for any losses or damages resulting from such reliance.
Restaurants are responsible for displaying accurate ratings; we're not liable if they don't.
e. Hygiene Ratings are not proof of a restaurant's hygiene practices and cannot be used as evidence. Restaurants must comply with hygiene standards as required by law.

f. For further queries, reach out to us at hygiene@fnicky.com.

EDITION WALLET:
a. Edition Wallet, in partnership with RBL Bank, enables digital payments on our platform.
b. Currently available only in India.

c. Customers must adhere to the RBL Reloadable Prepaid Wallet Terms and Conditions.

d. To use the Edition Wallet, customers need to provide personal information as per Banking Partner requirements, managed according to our Privacy Policy.

e. The Banking Partner verifies KYC details before issuing the Edition Wallet.

f. The Edition Wallet can be used on our app for various transactions, subject to available funds.

g. Customers may receive offers/benefits, subject to specific terms.

h. Edition Wallets have limits for additions and balances.

i. We reserve the right to modify or withdraw the Edition Wallet feature or associated offers without prior notice.

j. Customers can close their Edition Wallet by contacting support.

k. Upon closure, customers may receive applicable refunds, subject to Banking Partner Terms and Conditions.

l. Contact us at wallet@Fnicky.com for further inquiries.

DELIVERY OFFER / PLAN:
a. This limited-time, invite-only offer provides discounted delivery for a set number of orders.
b. Terms and Conditions:

Discounts apply to subsequent eligible orders within a specified period.
Each offer has a set number of discounted deliveries and expires after the Offer Period.
Applicable only in India for online paid delivery orders.
Not valid for other order types or inter-city orders.
Non-transferable and non-refundable once claimed.
Fnicky may block devices or terminate/suspend offers for breach of terms.
c. We reserve the right to modify or withdraw offers with prior notice.

d. Reach out to us for assistance at order@fnicky.com.

XIV. Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranties:

Services are provided "as is" and "as available," with no guarantees of accuracy or completeness.
We're not liable for any damages resulting from your use of the Services.
Limitation of Liability:

We're not liable for any damages or losses incurred due to your use of the Services.
This includes indirect, incidental, or consequential damages.
Indemnification:
You agree to indemnify and hold us harmless from any claims arising from your use of the Services, including any breaches of these Terms. We reserve the right to settle claims without your consent and to assume exclusive defence and control of any matter requiring indemnification.

XVI. General Terms
Interpretation:

The headings in these Terms are for reference only and do not interpret the provisions.

Entire Agreement and Waiver:

These Terms, along with the Privacy Policy and Guidelines and Policies, constitute the entire agreement between you and us. Our failure to enforce any right or variation of the Terms doesn't waive our rights.

Severability:

If any provision of these Terms is deemed unlawful or unenforceable, the rest of the Terms remain valid.

Partnership or Agency:
These Terms do not create a partnership or agency between you and Fnicky. You cannot bind Fnicky in any way.

Governing Law/Waiver:

(a) For Customers in India: These Terms are governed by Indian law, with disputes resolved in New Delhi.

(b) For Customers in UAE: UAE law applies, with disputes resolved in Dubai.

(c) For Customers in Lebanon: Lebanese law governs, with disputes resolved in Beirut.

(d) For Customers in the United States: Washington State law applies, with disputes resolved in Seattle.

(e) For all Customers: You must bring any legal action against us within one year of the harm occurring. Failure to do so waives your claims.

Carrier Rates may Apply:

Using the Services on mobile may incur charges from your provider. You're responsible for these costs.

Linking and Framing:

You can link to the Services but not frame them. Your linked site must adhere to certain standards, or we may terminate your access.

XVII. Notice of Copyright Infringement:

Fnicky isn't liable for copyright infringement by users. We respect intellectual property rights and may remove infringing material. Follow our procedure to report infringement. Making false claims may result in liability. Send notifications to legal@fnicky.com.