Section 1. The Service
1.1 grouptable.com (the "Site") is operated by ValueNet Ecommerce Pvt Ltd.("ValueNet","GroupTable" ,or "we", "our" or "us"). We offer a service (the "Service") which connects diners looking for food, drinks and party venues like restaurants/cafes/pubs/hotels/banquet halls ("Buyers") with sellers of such services and goods ("Merchants"). Merchants provide us with promotional offers (each an "Offer"), usually providing a discount on food & drinks, if a group of diners is willing to book a table at any of the given times and dates and at such other terms and conditions as may be prescribed by the merchant. We make these Offers available through the Site. ValueNet oversees collection of payment, if any, on behalf of the Merchant and also of charges, if any, on behalf of itself from the Buyer. Upon confirmation of booking and, if required, of payment, ValueNet, again on behalf of the Merchant and/or of itself, issues the Buyer a GroupTable Certificate and Mobile Passcode redeemable towards the discount, on the applicable services or goods.
1.2. Whether you are a Merchant or a Buyer, these Terms apply to you. Therefore, Merchants and Buyers are referred to as "you" or "User" hereafter. Where the Terms are only applicable to one subset of Users or the other, we have so indicated.
1.4. Because we are constantly innovating in order to provide better experiences for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or the Service at any time. We must also, therefore, reserve the right to change the Terms governing any User's use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. As a sole exception to this, for any Merchant where we have countersigned an Agreement, the Terms will not be deemed changed as to that Offer.
Section 2. Terms Applicable Only to Buyers
2.1. Offers often come with limitations. Buyers need to read the applicable terms of the relevant Offer. For example, Offers frequently are not available for use or redemption by individuals located outside India. Similarly, Offers purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. We will use reasonable efforts to make any limitations known to you when we post the Offer. You will not be able to redeem any offer in violation of the restrictions governing the Offer.
2.2. grouptable.com does not knowingly collect any information from persons under the age of 13. If we determine that any content has been uploaded to the Site by someone under the age of 13, it will be removed. If you are between the ages of 13 and 18, please ask your parent's permission before using the Site and the Service. Some Offers may be subject to further age limitations.
2.3. grouptable.com is an intermediary and agent of the Merchant. If the Buyer has problems with GroupTable or the goods and services, we will use reasonable efforts to assist the Buyer in resolving the same and in dealing with the Merchant. However, we cannot and will not guarantee any issuance of refunds or credits. Buyers will have to obtain those from the Merchant, if applicable.
2.4. ValueNet will determine Buyer's compliance with these Terms in its sole discretion. ValueNet reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion without notice or liability of any kind.
2.5.Unless expressly specified in the Offer, your purchase of a GroupTable offer does not include sales tax or any other taxes which may be due on the services or goods you receive there under.
Section 3. Terms Applicable Only to Merchants
3.1. Merchant hereby appoints ValueNet as its limited agent, solely for the purposes of (i)promoting the restaurant/café/pub/hotel/banquet hall, owned by the merchant, through deals, offers and discounts on table bookings and/or banquet halls that are featured onon such terms and conditions as may be agreed to; (ii) Collecting advance payment, if any, towards table bookings and/or party booking on behalf of the Merchant from the customers of ValueNet (“Customers”), as per the Terms and Conditions of the Offer and (iii) Issuing online vouchers (“GroupTable Certificates”) and SMS Passcodes, in such feasible formats at the sole discretion of ValueNet, in accordance with the terms of the Offer to the Customers who have bought the Offer by booking a grouptable through
3.2. Merchant agrees that ValueNet may use the Merchant's name and brand information in connection with making available and promoting any Offer by that Merchant and identifying Merchant as a party that sells or has sold goods or services through the Site. The Merchant agrees to allow ValueNet to use photographs of the Merchant's business or merchandise for all media/publicity purposes. ValueNet will reasonably comply with any trademark guidelines provided by the merchant to ValueNet. Any goodwill resulting from ValueNet's use of the Merchant's trademarks shall inure to the benefit of Merchant.
3.5.ValueNet and Merchant will pay one another any applicable fees as set forth in the Service Agreement. Each party shall otherwise bear any and all of its own costs in performing or receiving the Services and fulfilling any Offer.
3.6. With the sole exception of taxes on ValueNet's net income, Merchant is responsible for collecting from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfilment of any Offer.
3.7. The Merchant acknowledges that the availability of Services shall be on a first-come, first-serve basis. ValueNet shall not, under any circumstance, be liable to the Merchant for lack of availability of the Site. Merchant further acknowledges that ValueNet is under no obligation to display or keep open any Offer.
Section 4. User Information and Account Security
4.2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur by any user logged in using your account credentials. If you become aware of any unauthorized use of your password or of your account, you agree to notify grouptable.com immediately at firstname.lastname@example.org
4.3. grouptable.com will generally communicate with its Users by electronic means, such as email. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Section 5. Acceptable Use and Third Party Links
5.1. User shall not use this Site or the Service for any unlawful purpose. Strictly prohibited actions include, but are not limited to, transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates, misappropriates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from grouptable.com, or (v) that inhibits other Users from using or enjoying the Site.
Section 6. Intellectual Property
6.1. All content and software on the Site is the property of grouptable.com, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from grouptable.com or the owners of the content. Unauthorized use of any content displayed by grouptable.com is a violation of copyright laws.
6.2.At grouptable’s invitation, you may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publicationso long as the content is not illegal, threatening, obscene, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties.
6.3.If you do submit material,you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable right to use, modifies, reproduce, adapt, translate, publish, create derivative works from,distribute, and display such content in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy.
Section 7. Limited Warranty.
7.1. THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE OFFERS AND COUPONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VALUENET AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (A) THE SITE; (B) THE SERVICE; (C) THE OFFERS OR COUPONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE; (D) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY; (E) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SITE; OR (F) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. VALUENET DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2. VALUENET DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, VALUENET SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SITE OR THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES, OR THE OFFERS AND COUPONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. FURTHER, VALUENET AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.
7.2. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
Section 8. Limitation of Liability
8.1. WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, VALUENET FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE AS SET FORTH BELOW:
8.1.1. UNDER NO CIRCUMSTANCES SHALL VALUENET, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "VALUENET ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE OR ANY OFFER; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, VALUENET'S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO VALUENET IN CONJUNCTION WITH THE OFFER UNDER WHICH SUCH CLAIM FIRST AROSE.
8.1.2. THE VALUENET ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
8.1.3. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICES.
8.1.4. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VALUENET'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR THE SERVICE.
Section 9. Indemnification
9.1. Merchant agrees to indemnify, defend, and hold harmless ValueNet and each of its officers, directors, owners, employees, and agents from and against all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including reasonable legal fees (collectively, "Losses") arising out of (i) a material breach of any of its representations or warranties set forth these Terms; (ii) any claim resulting from injury or death as a result of services or goods offered by the Merchant, or (iii) any claim resulting from the Merchant's breach of applicable law, negligence or willful misconduct. This obligation survives the termination or expiration of all Offers.
9.2. You hereby release ValueNet, its subsidiaries, affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including legal fees arising out of or in connection with your violation of these Terms or any law, rule or regulation. You will cooperate as fully and reasonably as required by ValueNetin the defense of any claim.
Section 10. Miscellaneous
10.1. These Terms of Service and the interpretation of these Terms shall be governed by and construed in accordance with the laws of India, without regard to the principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the courts located in Bangalore. Except for a misuse or infringement of ValueNet's intellectual property, any and all disputes, controversies and claims arising out of or relating to these Terms, the Coupons, any Offer, the services related thereto, or concerning the respective rights or obligations of the parties hereto shall be referred to an independent arbitrator who will be appointed by ValueNet Ecommerce Private Limited and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.
10.2. Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Site or Service are incorporated by this reference into these Terms for all purposes.
10.3. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and Service.
10.5.The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. These Terms will not be construed against ValueNet by virtue of having drafted them.
10.6. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
10.7. No waiver on the part of ValueNet of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of ValueNet.
10.8. Nothing in these Terms are intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms. This means that Buyer's may not sue Merchants directly for breach of these Terms and vice versa.