We, Prayosha Food Services Private Limited ("We", "Us", "Our", “Company”), is in the business of providing a cloud-based point of sales software application under the brand name “onlineemenu” for restaurants together with optionally integrated services such as mobile or card payments, inventory management, deals and discounts, ordering and delivery apps, table booking apps, suppliers’ marketplace, analytics apps, etc. using a programmable API architecture. The Company through such point of sale software application and websites (together referred to as “onlineemenu Platforms”) also provides end to end integration of services for restaurant management to various restaurants and food outlets. The Company has created and owns the onlineemenu Platforms and licensed the use of the same by way of various subscription model for a Subscription Fee.
The subscription to the onlineemenu POS Platform and other value added services(“onlineemenu Subscription”) offered by us is subject to our Terms of Services that isagreed by you (or anyone who accesses and uses the onlineemenu Platforms shall be referred to as “You”, “Your” or “User” as the context may require) at the time ofsubscription. You may select a onlineemenu subscription plan of your choice and make payment as per the required payment method(s) available for different onlineemenu subscription plans.
You are required to pay subscription fee as per the onlineemenu Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for onlineemenu Subscription as stated in various subscription plans is non-refundable except as expressly set forth in these cancellation and refund terms (hereinafter referred to as “Cancellation & Refund Policy”). Taxes may apply on the subscription fee. Your paid onlineemenu Subscription will be activated only upon successful payment of the Subscription Fee made through the onlineemenu Platforms as per the applicable subscription plan chosen by you.
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
You may cancel your paid onlineemenu Subscription any time by visiting Your Account and adjusting your subscription settings on any of the onlineemenu Platforms. If you cancel the onlineemenu Subscription within 15 business days of signing up for such paid onlineemenu Subscription, we will issue a credit note to you and refund your full Subscription Fee, provided that we may charge you (or withhold from your refund) the value of onlineemenu benefits used by you and your account during this 15 business day period by issuing a partial credit note to you. If you cancel the annual onlineemenu Subscription at any other time, we will raise a credit note and refund your Subscription Fee only to the extent of your usage of the subscription plan of our onlineemenu Platform since the payment of the Subscription Fee.
If you cancel the monthly onlineemenu Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage any of the onlineemenu benefits since payment of your Subscription Fee.
We may in our discretion change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of onlineemenu Subscription, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
We may terminate your onlineemenu Subscription at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then subscription term, whether annual or monthly. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates the Terms of Service or any applicable law, involves fraud or misuse of the onlineemenu Subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Services or this Cancellation & Refund Policy will not constitute a waiver of any of our rights.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE , IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO onlineemenu PLATFORMS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR onlineemenu SUBSCRIPTION.
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