Terms and Conditions

By downloading or using the SmatQR app, these terms willautomatically apply to you. SmatQR acceptsno liability for any loss, direct or indirect, you experience as a result ofrelying on the Service provided by the app.

·        You’re not allowed to copy, or modify the app,any part of the app, or our trademarks in any way.

·        You’re not allowed to attempt to extract thesource code of the app, and you also shouldn’t try to translate the app intoother languages, or make derivative versions.

·        The app itself, and all the trademarks,copyright, database rights and other intellectual property rights related toit, belong to SmatQR.

·        SmatQR is committed to ensuring that the app isas useful and efficient as possible. For that reason, we reserve the right tomake changes to the app. The Privacy Policy states the collection and use ofPersonal Information provided to us via our Service.

·        The app does use third party services thatdeclare their own Terms and Conditions.

·        Terms and Conditions of third party serviceproviders used by the app:

                    i.           Google Play Services

                  ii.           Google Analytics for Firebase

·        SmatQR cannot take responsibility for the appnot working if you don’t have access to an active internet connection. Yourterms of the agreement with your network provider will still apply whenconnecting to the internet while using the app. As a result, you may be chargedby your service provider for the cost of data for the duration of theconnection while accessing the app, or other third party charges. While usingthe app, you’re accepting responsibility for any such charges.

·        SmatQR accepts no liability for any loss, director indirect, you experience as a result of relying on the Service provided bythe app.

·        SmatQR does not promise that it will always updatethe app so that it is relevant to you and/or works with the current versionthat you have installed on your device. Unless communicated otherwise, upon anytermination of the app, (a) the rights and licenses granted to you in theseterms will end; (b) (if needed) delete it from your device.

Use of Our Services

·        SmatQR enables transactions between participantrestaurants/hotels/merchants dealing in prepared food, beverages, tours, taxis,laundry and purchasing merchandise, etc. (“Services“) and Patrons.

·        The end-users (“Patron(s) “) can choose andplace orders (“Orders“) from a variety of products listed and offered for saleby various merchants including but not limited to the restaurants and hotels(“Merchant/s“) through the Platform without any physical menu or waiter takingthe order. Patrons and Merchant may collectively be called as “Members”.

·        All commercial/contractual terms are offered byand agreed to between Patrons and Merchants alone. The commercial/contractualterms include without limitation price, taxes, payment methods, payment terms,date, period and mode of delivery and warranties related to products andservices.

·        SmatQR does not have any control or does notdetermine or advise or in any way involve itself in the offering or acceptance ofsuch commercial/contractual terms between the Patrons and Merchants.

·        SmatQR does not make any representation orwarranty as to the item-specifics (such as legal title, creditworthiness,identity, etc.) of any of the Merchants.

·        Patrons are advised to independently verify thebona fides of any particular Merchant and use their best judgment on thatbehalf.

·        All Merchant offers and third party offers aresubject to respective party terms and conditions. SmatQR takes noresponsibility for such offers.

·        SmatQR is not responsible for anynon-performance or breach of any contract entered into between Patrons andMerchants through the Platform.

·        SmatQR cannot and does not guarantee that theconcerned Patrons and/or Merchants will perform any transaction concluded onthe Platform.

·        SmatQR is not responsible for unsatisfactory ornon-performance of services or damages or delays as a result of products whichare out of stock, unavailable or back ordered.

·        SmatQR is operating an online marketplace andassumes the role of facilitator, and does not at any point of time during anytransaction between Guest and Merchant on the Platform come into or takepossession of any of the products or services offered by Merchant.

·        At no time shall SmatQR hold any right, title orinterest over the products nor shall SmatQR have any obligations or liabilitiesin respect of such contract entered into between Guest and Merchant.

·        SmatQR is only providing a platform forcommunication and it is agreed that the contract for the sale of any of theproducts or services shall be a strictly bipartite contract between theMerchant and the Guest.

·        In case of complaints from the Guest pertainingto food efficacy, quality, or any other issues with any item ordered orpurchased, Guest shall communicate the same to the Merchant. The Merchant shallbe liable for redressing Guest complaints.

·        Guest also acknowledge and agree that they areGuest(s) of the Platform only and that they are not SmatQR employees, jointventurers, partners, or agents whatsoever.

·        SmatQR does not have the right to control anddoes not control Guest, or the relationships between them or the subject matterof such relationships.

Account Registration, and Other GuestRepresentations and Warranties

·        To access Our services, Patrons will eitherenter the URL of the merchant or scan the QR Code.

·        As a Guest, Members represent and warrant thatMembers are over the age of thirteen (13) years and are capable of enteringinto legally binding agreements in the relevant jurisdiction(s).

·        Merchant must create a password-protectedaccount (“Account”).

·        Merchant may register for an Account using emailand creating a password.

·        Merchant agrees to provide accurate, current andcomplete information during the Account registration process and at all othertimes when Merchant uses the Platform, and to continually update informationsufficient to keep it accurate, current and complete.

·        Merchant is solely responsible for safeguardingtheir Account password and Merchant is solely responsible for all activity thatoccurs on or through their Account and needs to immediately inform SmatQR ofany suspected unauthorized use.

·        SmatQR is not liable or otherwise responsiblefor any loss or damage that any party claims is caused in whole or part by unauthorizeduse of the Account.

·        Notwithstanding the foregoing, Merchant may,however, be liable or responsible to SmatQR or third parties due tounauthorized use of their Account.

Cancellations andRefunds

·        Cancellation and refund are done manually by theMerchant as per their internal policy.

·        Merchant reserves the right to charge Guestcancellation fee for the orders constrained to be cancelled by SmatQR forreasons not attributable to Merchant, including but not limited to:

                    i.           In the event if the address provided by Membersis either wrong or falls outside the delivery zone;

                  ii.           Failure to contact Members by phone or email atthe time of delivering the order booking;

                iii.           Failure to deliver Guest order due to lack ofinformation, direction or authorization from Members at the time of delivery;

                iv.           Unavailability of all the items ordered byMembers at the time of booking the order;

Third Party Websites

·        The Services may contain links to otherwebsites.

·        The Services also may utilize third partyServices, advertisements, offers and payment systems.

·        SmatQR is not responsible for these third partyproducts, Services or their contents.

·        The inclusion of such a link does not imply endorsementof the Services or its contents or any association with its operators.

·        SmatQR is not responsible for the accuracy,copyright compliance, legality, decency, or appropriateness of the content, northe advertising, products, or other materials on such websites.

·        Under no circumstances shall SmatQR be heldresponsible or liable, directly or indirectly, for any loss or damages causedor alleged to have been caused by use of or reliance on any content, goods, orServices available from third parties.

·        Any concerns regarding any third-party websitesshould be directed to its respective platform administrator.

Intellectual Property

·        Members acknowledge and agree that all content,design elements, and materials available on this Services are protected by copyrights,trademarks, Services marks, patents, trade secrets, or other proprietary rightsand laws.

·        No materials from this Service may be copied,reproduced, modified, republished, uploaded, posted, transmitted or distributedin any form or for any means without our prior written permission.

·        Furthermore, Members agree to not to sell,license, rent, or create derivative works from such materials or content.

·        Systematic retrieval of content from theServices to create or compile, directly or indirectly, a collection,compilation, database, or directory without written permission from us isstrictly prohibited.

·        All rights not expressly granted herein arereserved.

·        Any unauthorized use of the materials appearingon the Services may violate copyright, trademark and other applicable laws.

·        Except as provided herein, SmatQR and itsaffiliates and licensors retain all right, title and interest in and to thePlatform and the Services.

·        Members may not modify, publish, transmit,transfer or sell, reproduce, create derivative works from, distribute, perform,link, display, or in any way exploit the SmatQR’s intellectual property inwhole or in party, except as expressly permitted in these Terms of Use or withthe prior written consent of SmatQR.

·        Members agree to use the Services only inaccordance with these Terms of Use.

·        Members agree not to disassemble, decompile orreverse-engineer any software or other component of the SmatQR Platform.

Exclusion of Warranties

·        Members expressly understand and agree thatmembers’ use of the offering is at members’ sole risk and that the offering areprovided on “as is “basis.

·        In particular, SmatQR does not represent orwarrant to members that:

                                i.           members use of the services will meet membersrequirements,

                              ii.           members use of the offering will beuninterrupted, timely, secure or free from error, including specifically fromserver downtime,

                            iii.           any information obtained by members as a resultof members use of the offering will be accurate or reliable, and any materialdownloaded or otherwise obtained through the use of the offering is done atmembers own discretion and risk and SmatQR will not be responsible for anydamage to members computer system or other device or loss of data that resultsfrom the download of any such material.

·        No advice or information, whether oral orwritten, obtained by members from SmatQR or through or from the services, shallcreate any warranty unless expressly stated in the terms.

·        SmatQR further expressly disclaims allwarranties and conditions of any kind, whether express or implied, including,but not limited to the implied warranties and conditions of merchantability,fitness for a particular purpose and non-infringement.

Limitation ofLiability

·        Subject to overall provision in clauses above,guest expressly understands and agrees that SmatQR provides the services on “asis” basis and disclaims all warranties of any kind, whether express orotherwise implied, including without limitation the warranties of merchantability,fitness for a particular purpose and non-infringement, as to the information,content, services or other materials made available using the services or as tothe results to be obtained from use of the services.

·        SmatQR and its affiliates, and each of theirdirectors, employees, agents and representatives do not warrant that:

                                i.           the services will be secure or available at anyparticular time or location;

                              ii.           any defects or errors will be corrected;

                            iii.           any content or software available at or throughthe services is free of viruses or other harmful components, or

                            iv.           the results of using the services will meetmembers expectations or requirements.

·        Members accept all responsibility for theinformation, content and other materials members post or otherwise communicateusing the services.

·        SmatQR shall have no liability for the accuracyor content of the information contained in or for delays or omissions therein.

·        Nor shall SmatQR its affiliates and each oftheir directors, employees, agents and representatives, be liable for anythird-party claims or losses of any nature, including but not limited to, lostprofits, punitive, indirect or consequential damages. Some states do not allowexclusion of implied warranties or limitation of liability for incidental, exemplary,punitive, direct, indirect, special or consequential damages, so the abovelimitations or exclusions may not apply to members.

·        In such states, the liability of SmatQR shall belimited to the greatest extent permitted by law.

Indemnification

·        SmatQR is not obligated to investigate, monitor,mediate or resolve any dispute Members may have with another Guest of theServices, although we may undertake such action in our own discretion.

·        In the event of a dispute with another Guest of theServices, Members agree

                    i.           to indemnify us from any liability and

                  ii.           that we will not be liable, for any type ofdamages or for any type of claim or demand arising out of or related to anydispute Members may have with any other Guest of the Services.

Changes to This Termsand Conditions

·        We are continually changing and improving thePlatform. We reserve the right in our sole discretion to modify it, to add orremove features or functionalities or to suspend or terminate any part or theentire Platform with or without notice to Members.

·        We may update our Terms and Conditions from timeto time, thus, you are advised to review this page periodically for anychanges.

·        We may also modify or amend these Terms orincorporated documents to reflect changes in the law, changes to the Platform,Fees or any other aspect of the relationship between SmatQR and Members.

·        As long as Members comply with these Terms ofUse, SmatQR grants Members a personal, non-exclusive, non-transferable, limitedprivilege to access, enter, and use the Platform

·        We will notify you of any changes by posting thenew Terms and Conditions on this page. These changes are effective immediatelyafter they are posted on this page.

·        SmatQRdoes not promise that it will always update the app so that it is relevant toyou and/or works with the current version that you have installed on yourdevice.

·        Unlesscommunicated otherwise, upon any termination of the app, (a) the rights andlicenses granted to you in these terms will end; (b) (if needed) delete it fromyour device.

General Terms

·        If any court of law, having the jurisdiction todecide on this matter, rules that any provision of these Terms is invalid, thenthat provision will be removed from the Terms without affecting the rest of theTerms.

·        The remaining provisions of the Terms willcontinue to be valid and enforceable.

·        These Terms, and Members relationship withSmatQR under these Terms, shall be governed as such.

·        Members agree that if a dispute arises betweenMembers and SmatQR, We will seek to resolve the dispute as quickly ascommercially reasonable.

·        Before resorting to legal proceedings, Membersmust first contact us directly and work with us to resolve the dispute.

·        If a dispute cannot be resolved, such disputewill be referred to binding mediation between the parties, and the decision ofthe mediation shall be final and binding to both the parties.

·        In the event that the mediation fails to yield aresult, the parties shall compulsorily refer the dispute to arbitration, withthe arbitral panel consisting of three arbitrators; one arbitrator is chosen byeach party and the third being jointly appointed by the two chosen arbitrators.

·        This Agreement constitutes the entire agreementbetween the parties with respect to the subject matter hereof, and supersedesall previous written or oral agreements between the parties with respect tosuch subject matter.

·        SmatQR may assign its rights under thisAgreement without notice to Members.

·        Members agree that any cause of action arisingout of or relating to SmatQR’s Platform must commence within one (1) year afterthe cause of action arose.

Contact Us

If you have any questions or suggestions about our Terms andConditions, do not hesitate to contact us at info@smatqr.com