Terms and conditions

The use of this Platform, website (www.hwayz.com) and any related mobile or software applications , of BLISSFULROUTES TECHNOLOGIES PRIVATE LIMITED (hereinafter referred as “ HWAYZ”) is subject to the following Terms of Use and Conditions (hereinafter referred as “Terms of Use of Use ”).Terms of Use.

We reserve the right to change this Terms of Use from time to time with/without notice. You acknowledge and agree that it is your responsibility to review this Terms of Use periodically to familiarize yourself with any modifications. Terms of Use

PLEASE READ THE TERMS OF USETERMS OF USE CAREFULLY. BY USING THIS PLATFORM OR WEBSITE OR ANY MOBILE OR SOFTWARE APPLICATION OF HWAYZ (HEREINAFTER TOGETHER REFERRED TO AS THE ‘PLATFORM’), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.

Terms of Use includes and incorporates by this reference, the policies and guidelines referred below. HWAYZ reserves the right to change or revise the Terms of Use at any time by posting any changes or a revised Terms of Use on this Page or at any other place where it deems appropriate to do so. HWAYZ will/will not alert you that changes or revisions have been made by indicating on the top of this Terms of Use the date it was last revised. The changed or revised Terms of Use will be effective immediately after it is posted on this Page. Your use of the Platform following the posting of any such changes or of a revised Terms of Use will constitute your acceptance of any such changes or revisions. If you do not agree to this Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Platform.

DEFINITIONS

The terms “HWAYZ”, “Company”, “we”, “us” and “our” refer to BLISSFULROUTES TECHNOLOGIES PRIVATE LIMITED and its affiliates.

The term “Platform” refers to https://www.hwayz.com and the “HWAYZ” cross platform mobile application or any other digital medium and other offline/online sources.

The Terms of Use “you” and “your” refer to the users of the https://www.hwayz.com and the cross platform mobile application.

The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 2013 to the extent applicable) of such person.

The term “Ordering Services” refers to any Services offered by HWAYZ whether on the Platform or otherwise.

AGE RESTRICTIONS

You must be at least 18 (eighteen) years of age to use this Platform, to purchase any Products available on this Platform. By using this Platform, you represent and warrant that you are at least 18 (eighteen) years of age and may legally agree to these Terms of Use. HWAYZ assumes no responsibility or liability for any misrepresentation of user’s age

ABOUT THE SITE

The Platform is an online marketplace for restaurants, lodges, service centers, and medical stores on travel route of Indian highways. We reserve the right to refuse service or refuse to sell/display the Products and/or Ordering Services on the Platform at our sole discretion to anyone for any reason at any time.

The Platform does not screen or censor the users who register on and access the Platform. You assume all the risks associated with dealing with other users with whom you come in contact with through the Platform. You agree to use the Platform only for lawful purposes without infringing the rights or restricting the use of this Platform by any third-party.

PROPRIETARY RIGHTS

HWAYZ has proprietary rights and trade secrets incorporated into the Platform. You shall not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by HWAYZ. HWAYZ also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images and other information.

TAXES AND CHARGES

If you purchase any services/products that are available for sale on this Platform, you will be responsible for paying the applicable taxes including complying with the applicable taxation laws and other laws and all other incidental charges.

LICENSE TO USE PLATFORM

HWAYZ is not responsible for any damages resulting from use of this Platform by anyone. You will not use the Platform for illegal purposes. You will –

Abide by all applicable local, state, central, and international laws and regulations in your use of the Platform (including laws regarding intellectual property),

Not interfere with or disrupt the use and enjoyment of the Platform by other users, not resell material on the Platform,

Not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

Not defame, harass, abuse, or disrupt other users of the Platform.

HWAYZ may provide you with certain information as a result of your use of Platform. Such information may include but is not limited to documentation, data or information developed by HWAYZ, and other materials which may assist in your use of the Platform. Subject to these Terms of Use of service, HWAYZ grants you a non-exclusive, limited, non-transferable and revocable license to use the HWAYZ materials solely in connection with your use of the Platform and ordering products. HWAYZ material may not be used for any other purpose and this license terminates upon your cessation of use of this Platform or at the termination of these Terms of Use of service.

You agree not to collect contact information of other users from the Platform or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.

Any unauthorized use by you shall terminate the permission or license granted to you by the Platform and you agree that you shall not bypass any measures used by HWAYZ to prevent or restrict access to the Platform.

CONTENT, INTELLECTUAL PROPERTY AND THIRD-PARTY LINKS

In addition to making available product information, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party Platforms. HWAYZ does not always create the information offered on this Platform; instead, the information is often gathered from other sources. To the extent that HWAYZ does create the content on this Platform, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, non-commercial use. Any links to third-party Platforms are provided solely as a convenience to you. HWAYZ does not endorse the contents on any such third-party Platforms. HWAYZ is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Platforms. If you link to third-party Platforms, you do so at your own risk.

COPYRIGHTS

All content and materials available on www.hwayz.com , including but not limited to text, graphics, Platform name, code, images and logos are the intellectual property of HWAYZ and respectively and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by HWAYZ.

USER OBLIGATIONS

In order to access our Platform and order Products and/or ordering services offered, you may be required to provide certain information about yourself (such as name, complete billing/shipping address including the relevant state and pin codes, Email Id and/or Phone no. etc.) as part of the account registration process, or as part of your ability to use the Platform (Identifying Information). You agree that any Identifying information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any Identifying Information associated with any account you use to access our Platform. Accordingly, you are responsible for all activities that occur under your accounts.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/ through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with any of our Resources, including the servers and/or networks in which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade or resell any of our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. HWAYZ reserves the right to refuse service, terminate accounts, or remove or edit contents in its sole discretion.

PAYMENT AND FEES

Should you register for any of the paid Services on this Platform or purchase any product or service on this Platform, you agree to pay us certain monetary amounts required for that product and/or Ordering services. These monetary amounts will be described to you while browsing the product and/or Ordering services or during checkout process. The final amount required for payment will be shown to you immediately prior to your purchase. Payment for any on-going Services (if any) is automatically billed until you notify us that you would like to terminate your access to the Services. We reserve the right to refuse service or refuse to sell the product and/or service on the Platform at our sole discretion to anyone at any reason at any time

ACCEPTABLE USE

You agree not to use the Platform for any unlawful purposes or for any purpose prohibited under this clause and/or any other law for the time being in force. You agree not to use the Platform in any way that could damage the Platform and/or damage the general business of HWAYZ in any way whatsoever.

You hereby agree not to use the Platform either intentionally or unintentionally:

To harass, abuse, or threaten others or otherwise violate any person’s legal rights.

To violate any intellectual property rights of HWAYZ or any third party.

To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

To perpetrate any fraud.

To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.

To publish or distribute any obscene or defamatory material.

To publish or distribute any material that incites violence, hate or discrimination towards any group.

To unlawfully gather information about others.

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Hwayz for redelivery shall be claimed from you.

For any unlawful purpose.

To solicit others to perform or participate in any unlawful acts.

To infringe on any third party’s intellectual property or proprietary rights or rights of publicity or privacy whether knowingly or unknowingly.

To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.

To violate any local, central or international law, statute, ordinance or regulation.

To submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene or lewd and lascivious or pornographic or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law.

To collect or track the personal information of others.

To damage, disable, overburden or impair the Platform or other party’s use of the Platform.

To spam, phish, pretext, crawl or scrape.

For any obscene or immoral purposes.

To interfere with or circumvent security features of the Platform.

To personally threaten or has the effect of personally threatening other users.

You agree to comply with all applicable laws, statutes, and regulations concerning the use of your Platform and further agree that you will not transfer any information, data, text files, links, software, chats, communication or other material that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation, material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, central or international law or regulation or encourage the use of controlled substances.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Use of service.

You may not use our product for any illegal or unauthorized purposes nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

COMMUNICATION

You understand that each time you use the Platform in any manner, you agree to these Terms of Use. By agreeing to these Terms of Use, you acknowledge that you are interested in availing and purchasing the Services that you have selected or consent to receive communication via phone or electronic records from the Platform including e-mail messages telling you about Products and Services offered by the Platform (or its affiliates and its partners) and understanding your requirements. Communication can also be by posting any notices on the Platform. You agree that the communication sent to you by HWAYZ shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

AFFILIATE ADVERTISING AND MARKETING

The HWAYZ through the Platform, may engage in affiliate marketing whereby HWAYZ receives a commission on or percentage of the sale price of Products and/or Ordering services through the Platform. HWAYZ may also accept advertising and/or sponsorship from commercial businesses or receive other forms of advertising compensation.

SALE OF PRODUCTS/ SERVICES

The HWAYZ may sell its own Products and/or Ordering services or allow third parties to sell Products and/or Ordering services on the Platform. The HWAYZ undertakes to be as accurate as possible with all the information regarding Products and/or Ordering services., including product description and images. However, the HWAYZ does not guarantee the accuracy or reliability of any product information and you acknowledge that you purchase such Products and/or Ordering services at your own risk. For Products and/or Ordering services sold by others, HWAYZ assumes no liability for any product and/or Ordering services and cannot make any warranty about merchantability, fitness for consumption, quality, quantity, safety or legality of these Products and/or Ordering services. You agree to pursue that claim directly with the manufacturer or seller and not with the company. HWAYZ may only assist you in redressing any claims directly with the seller of the products. You hereby release HWAYZ from any claims related to Products and/or Ordering services manufactured or sold by the third-parties, including any and all warranty or product liability claims.

We may in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Any orders including orders by or under the same customer account, same credit card, and/or orders that use the same billing and/or complete shipping address may be subject to the above. We may restrict the sales of Products and/or Ordering services to any person, geographic region or jurisdiction at our sole discretion as we may decide on a case-by-case basis.

We further reserve an absolute right to refuse any orders placed by any person and to limit or prohibit orders that, in our judgement, appear to be placed by the dealers, resellers or distributors. If we cancel your order, we will contact the email and/or billing address/phone number provided at the time the order was made or provided during account registration process.

We take care to accurately display the colours and images of our product but, we cannot guarantee that your computer or phone’s screen display will be accurate. We also do not provide any warranties that the quality of any product and/or Ordering services, information or other material purchased or obtained by you will meet your expectation and standards, or that any error in the Information and/or Ordering services will be corrected. Prices and description of Products and/or Ordering services are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any product from our site without prior notice. Any offer for any product and/or service made on this platform is void where prohibited.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on “as is” and “as available” without warranty, representation or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. And use by you of optional tools offered through this platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms of Use on which tools are provided by the relevant third-party providers.

DATA LOSS

HWAYZ does not accept responsibility for the security of your account or content. You agree that your use of the Platform is at your own risk.

DISCLAIMER OF WARRANTIES

Your use of this Platform is at your sole risk. The Platform is offered on an “as is” and “as available” basis. HWAYZ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the or Platform content, or any reliance upon or use of the Platform content.

Without limiting the generality of the foregoing, HWAYZ makes no warranty:

That the information provided on this Platform is accurate, reliable, complete, or timely

That the links to third-party Platforms are to information that is accurate, reliable, complete, or timely.

No advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein.

As to the results that may be obtained from the use of the Products or that defects in Products will be corrected.

Regarding anything purchased or obtained through the Platform.

LIMITATION OF LIABILITY

HWAYZ’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Platform content and/or for any breach of this Terms of Use is solely limited to the amount you paid, less shipping and other charges (if any), for purchase via this Platform.

HWAYZ will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Terms of Use and/or in any manner, including liabilities resulting from:

The use or the inability to use the Platform content,

The cost of procuring substitute content,

Any information obtained / purchased or transactions entered into through the Platform; or

Any lost profits you allege.

Conjunction with the Limitation of Liability as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of Platform. HWAYZ will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Platform, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless HWAYZ, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of:

This Terms of Use or the breach of your warranties, representations and obligations under this Terms of Use;

The Platform content or your use of the Platform content;

Any intellectual property or other proprietary right of any person or entity;

Your violation of any provision of this Terms of Use; or

Any information or data you supplied to HWAYZ.

When HWAYZ is threatened with suit or sued by a third party, HWAYZ may seek written assurances from you concerning your promise to indemnify HWAYZ; your failure to provide such assurances may be considered by HWAYZ to be a material breach of this Terms of Use. HWAYZ will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content, with the counsel of HWAYZ’s choice at its expense. HWAYZ will reasonably co-operate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend HWAYZ against any claim, but you must receive HWAYZ’s prior written consent regarding any related settlement. The Terms of Use of this provision will survive any termination or cancellation of this Terms of Use or your use of the Platform.

GENERAL CLAUSE

Force Majeure: HWAYZ will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockdown, pandemic or boycott.

Cessation of Operation: HWAYZ may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.

ENTIRE TERMS OF USE

This Terms of Use comprises the entire Terms of Use between you and HWAYZ and supersedes any prior Terms of Use pertaining to the subject matter contained herein.

EFFECT OF WAIVER

The failure of HWAYZ to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Terms of Use remain in full force and effect.

GOVERNING LAW/JURISDICTION

This Platform originates from the Bangalore, Karnataka, India. This Terms of Use will be governed by the laws of the State of Karnataka and India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Karnataka and India without regard to its conflict of law principles to the contrary. This Terms of Use will be governed by the laws of the State of Karnataka and India. By using this Platform or ordering Products and/or Ordering services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Terms of Use. You hereby waive any right to trial by jury arising out of this Terms of Use and any related documents.

Furthermore, any action to enforce this User Terms of Use shall be brought in the courts having jurisdiction over such issue, located in Karnataka, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue or inconvenient forum objections to such courts.

TERMINATION

HWAYZ reserves the right to terminate your access to the Platform if it reasonably believes, in its sole discretion, that you have breached any of the Terms of Use Following termination, you will not be permitted to use the Platform and HWAYZ may, in its sole discretion and without advance notice to you, cancel any outstanding orders. If your access to the Platform is terminated, HWAYZ reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Terms of Use will survive indefinitely unless and until HWAYZ chooses, in its sole discretion and without advance notice to you, to terminate it.

ASSIGNMENT

You may not assign your rights and obligations under this Terms of Use to anyone. HWAYZ may assign its rights and obligations under this Terms of Use in its sole discretion and without advance notice. BY USING THIS PLATFORM OR ORDERING FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE AND CONDITIONS OF THIS TERMS OF USE.

CANCELLATION AND REFUND POLICY

1. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Hwayz, that is, in the event you provide incorrect particulars, contact number, ETA at restaurant etc., or that you were unresponsive, not reachable or unavailable for fulfilment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Hwayz to place that order against the Restaurant Partners/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 Hwayz to deduct or collect the amount payable as liquidated damages through such means as Hwayz may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
2. There may be cases where Hwayz is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Hwayz, Restaurant Partner/Store or Delivery Partner. In such cases, Hwayz shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
3. No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission.
4. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects 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.
5. 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 /Store on a best-efforts basis.
6. 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.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Use of Service as outlined above, you can contact us at:

BLISSFULROUTES TECHNOLOGIES PRIVATE LIMITED

5th, B-503, Vajram Tiara Apt, Avalahalli, DB road, Yelahanka, Bengaluru, Bengaluru Urban, Karnataka, 560064

Email:- contact@hwayz.com