This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
The terms and conditions of use and privacy policy that apply to your access or use of Figrr websites, mobile websites, and applications (collectively, the Platform) is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. For further clarification the application “WhatsApp” is the application provided by WhatsApp Inc.,1601 Willow Road, Menlo Park, California 94025. Reference to the masculine gender includes reference to the feminine, neuter and vice versa.
In this Terms & Conditions (“T&C”), Figrr, “we” "us" or "our" means a registered SUBSIDIARY OF MUMBAI FOODIE 1406, Panchvati, Panchmarg, Yari Road, Andheri West, Mumbai, 400061, Maharashtra, India 27ABRFM7785N1Z0. Figrr is allowing its registered users to avail certain Offers from authorised Restaurant Partners on boarded by Figrr by registering with its unique subscription-based content platform (“Services”).
Figrr owns and operates the website, www.mumbaifoodie.com, the mobile and touch versions and any Websites we have now or in the future that reference these Terms of Use.
For the purpose of this Terms & Conditions, wherever the context so requires, "you" or “User” shall mean any natural or legal person who is offered by Figrr to avail its Figrr Services on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems.
This T&C incorporates Figrr's standard policies, procedures, and terms and conditions for use of the Services, including:
By using Figrr’s website and services through the Website and/or by Signing up for an account on Figrr’s and/or by clicking accept or agree to this T&C:
Figrr may update, amend or revise this T&C (including any Figrr Policies) from time to time. You agree that you will review this T&C and other Figrr Policies periodically. You are free to decide whether or not to accept a modified version of this T&C and other Figrr Policies, but accepting this T&C and other Figrr Policies, as modified, is required for you to continue using the Services. You may have to click accept or agree to show your acceptance of any modified version of this T&C. If you do not agree to the terms of this T&C or any modified version of this T&C, you must either not use such Services or terminate your use of the Services, in which case you will no longer have access to services. Except as otherwise expressly stated by Figrr, any use of the Services or availing of certain Offers provided by Figrr or the onboarded restaurants partners is subject to the version of the T&C in effect at the time of use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE WEBSITE AND DO NOT USE ANY Figrr SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE WEBSITE.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY:
These Terms of Use are organized as follows:
This is a platform through which certain merchants (“Restaurant Partners ”) (a) sell vouchers for goods, services, or experiences (“Vouchers”), (b) sell dining experiences for specific dates and times (" Reservations "), (c) sell food, beverage and other products for delivery and takeout (“Online Ordering”), (d) enable you to schedule use of your Voucher on a specific date and time (“Bookings”) (collectively (a)-(d), “Restaurant Partner Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Figrr is not an agent of the Restaurant Partners.
In addition, the Website also provides a platform through which you can purchase products from Figrr (“Products”) and participate in other available programs. Certain Merchant Offerings, Products, other available programs and pricing on the Website may change at any time in Figrr’s sole discretion, without notice.
The User may choose to avail the flat 15% discount with the Restaurant Partner. For the purposes of redemption and authentication, the Restaurant Partner will input details of the User on the Web-based Figrr Dashboard. A unique verification code/OTP is generated and sent to the User’s number. The same will authenticate the User and complete the validation process of the offer with the Restaurant Partner. (“Redemption”).
The Website, any content on the website, and the infrastructure used to provide the Website are proprietary to us, our affiliates, Restaurant Partners, and other content providers. By using the Website and accepting these Terms of Use: (a) Figrr grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Website pursuant to these Terms of Use and to any additional terms and policies set forth by Figrr; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Website without the express permission of Figrr.
As a condition of your use of the Website, you agree that:
Figrr retains the right, at our sole discretion, to deny service or use of the Website or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Website and your account accessible, the Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Website access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
Subscription: The user must create an account and pay the subscription fee (“Subscription Fee”) in order to avail the services offered by Figrr (“Subscription Service”). The acceptance of the subscription will only be confirmed when the user receives the Welcome Email and/or Payment Receipt (“Welcome Email/Payment Receipt””). The Agreement between Figrr will be deemed to valid on the same event i.e., receiving of the Welcome Email and/or Payment Receipt. (“Agreement”).
The Subscription Services consist of an initial charge and then followed by recurring period charges as agreed by the user. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
The Subscription Service and any feature, software or content that is made available through the Subscription Service (“Content”) are the property of Figrr, Figrr's licensors or third parties. We grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Subscription Service, and limited, non-exclusive, revocable permission to make personal use of the features, software and Content (collectively, “Access”). This Access shall remain in effect until and unless your Paid subscription terms ends (“Subscription Period”) and/or Access is terminated by you or Figrr.
There are different modes of Subscription Period offered by Figrr:
The services offered by Figrr on the platform may depend upon the subscription plan (“Subscription Plan”) purchased by the user and consequently may affect the functionality and/or access to the platform. Figrr may also impose limits on certain features or restrict your access to parts or all of the Subscription Services without notice or liability
The user is required to provide accurate information and true representation. Subscription Services, fee and registration data and certain other information about the User are governed by the Privacy Policy. The user is solely responsible for keeping the account password and any OTP received secure so that no third parties apart from the user should access, use and utilize the Subscription Services. You must notify Figrr immediately of any breach of security or unauthorized use of your account.
The user also agrees to (a) not to violate any laws in connection with the use of the Subscription Services; (b) not to interfere with or try to disrupt our Subscription Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their products; and (c) copy, sell, lease or otherwise provide access to Subscription Services to any third party.
In order to avail the 15% offer on total dining bill at any of the mentioned Partner Restaurants of Figrr, the User must be physically present at the particular establishment. The User’s contact details cannot be made use of by any other individual or party present at the establishment.
If the Platform is provided on an Ongoing Subscription or Periodic Subscription basis, the Subscription will continue for such time as all applicable subscription fees are paid to Figrr (or until the set period for which fees have been paid expires), unless terminated earlier under these Terms.
Figrr may change the Subscription Fees payable with respect to the Subscription Services offered by giving the user a 10 days’ notice. The change in fees would apply from the next date of payment. In the event of the user denying to accept the changes in the subscription fee, the agreement shall stand void and the user will not be able to access the platform. If the user does not accept the new subscription fee, then the subscription services will expire at the end of the current Subscription Period.
Figrr offers certain benefits to users who have purchased/signed up for the membership program (“Membership Program”). The user can find more information, updates and special offers on www.mumbaifoodie.com/membership.
The Subscription Service may change periodically. The offers on the Subscription Service may also change periodically. Figrr reserves the right to modify, suspend or discontinue, temporarily or permanently, any certain Subscription Service with prior notice to the user. with prior notice to you. The user may be notified through the Services user interface and/or email notification with relation to any change in the Subscription Services. Any change as notified by Figrr will become effective no earlier than fourteen (14) days after they are informed to the user. However, changes addressing new functions of the Services or Membership and/or changes made for legal reasons will be effective immediately.
The Subscription fee is non-refundable. We reserve the right to accept or refuse Membership at our discretion. Certain offers which are part of our Subscription Service are limited in nature and are offered on a first-come, first-serve basis. Figrr does nor guarantee that all subscribers will avail the offers mentioned on the platform.
The user’s Paid Subscription will automatically renew each month or year depending on the Subscription Period the user has chosen without notice until cancellation. The user authorizes us to store the user’s payment method(s) and to automatically charge payment method(s) every month or year until cancellation. We will automatically charge the then-current rate for your Paid Subscription and applicable taxes every month or year upon renewal until you cancel.
The user represents that the information given is true and the user is authorized to use the payment instrument. The user must update the account information in case of any change in the details provided by the user. The user must provide an alternative payment method incase the existing payment method has failed. The user will be notified on the Platform incase of failure of payment, card expiration, failed renewal and any other notification related to the Payment Gateway. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
Figrr may change the Subscription Fee’s rate, and we will notify you of any applicable rate change with the option to cancel. Subject to applicable law, you accept the new price by continuing to use the Subscription Services after the price change takes effect.
Termination of Subscription: The user may cancel their Subscription Service at any time by writing to us at figrr@mumbaifoodie.com. If you cancel your Membership, Figrr will not refund any membership fees you have already paid.
The user may cancel the Subscription Service at any time; however, there are no refunds for cancellation, and the user understands and agrees that the user shall receive no refund or exchange for any unused time of Subscription Services according to the chosen Subscription Service.
Figrr may terminate or suspend your Subscription Service at any time and for any reason by notice to the user. Suspension of your Subscription Service may result in restricted access of Figrr’s platform. In any situation the discretion of Figrr is final.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
It is imperative to mention that Figrr will follow and abide by all current and future rules of the RBI with reference to but not limited to payment gateways, rules and regulations.
We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Website or our services, we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Website or any services offered through the Website after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Website or our services will constitute acceptance of these changes and the Terms of Use as modified.
You can only create and hold one account with one Email ID and Mobile number. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save and/or edit your personal information, including, without limitation; and (b) opt-out of persistent login. You understand and agree that Figrr shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Opt In Policy: The user explicitly consents to receive messages from Figrr by Mumbai Foodie on WhatsApp by registering with Figrr. It is imperative to note that a Non-registered User commencing communication on the Whatsapp Figrr account cannot be considered a part of the Opt In Policy. The user will be required to provide validation of consent post registration for them to be considered a part of this Policy.
Opt Out Policy: No refunds or cancellations can be issued once the membership has been purchased, the User may opt out for the service by writing Figrr an email at figrr@mumbaifoodie.com. If the User chooses to opt out, the user may no longer receive electronic communications from Figrr and will not be able to avail any of the benefits included in the membership plan. However, Figrr will be available to respond to your queries and/or issues on e-mail.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account at our sole discretion. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Website, including, without limitation, requirements for use.
All interactions on the Website must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Website, we may limit or terminate your privileges on the Website and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the Website and constitute violations of these Terms of Use:
We take the privacy of your Personal Information (defined in the Privacy Policy ) seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in and subject to these Terms of Use.
The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Website are protected by copyright, trademark, and other intellectual property laws of the India. Figrr owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Figrr or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Figrr owns trademarks, registered and unregistered, in India and "Figrr," the Figrr logos and variations thereof found on the Website are trademarks owned by Mumbai Foodie or its related entities and all use of these marks inures to the benefit of Figrr.
Other marks on the Website not owned by Figrr may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Figrr unless otherwise stated, or may be the property of their respective owners. You may not use Figrr's name, logos, trademarks or brands, or trademarks or brands of others on the Website without Figrr's express permission.
The following organizations may link to our website without prior written approval:
These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organisations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Figrr by Mumbai Foodie; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
Approved organizations may hyperlink to our website as follows:
No use of Figrr by Mumbai Foodie's logo or other artwork will be allowed for linking absent a trademark license agreement.
We do not accept or consider, directly or through any Figrr employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER Figrr, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Figrr HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY Figrr THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Figrr, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE WEBSITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE WEBSITE OR SUBMITTED BY YOU TO THE WEBSITE; (B) YOUR INABILITY TO USE THE WEBSITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE WEBSITE; (D) THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL Figrr’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY Figrr THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.
When you use the Website or send emails to Figrr, you are communicating with us electronically and consent to receive electronic communications related to your use of the Website. We will communicate with you by Whatsapp Business, email and/ or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Website or from which you otherwise email us.
The User hereby accepts and agrees that all Services and communications (both One Way Communication and Two-Way Communication) taking place on WhatsApp, initiated either by Figrr or the User, will be governed by and subject to these Terms and Conditions. Further, the User hereby agrees that the User grants express authority to Figrr for carrying out the Services requested by the User on WhatsApp on its Figrr Registered Mobile Number. Figrr shall have no obligation to authenticate the User or to verify the identity of any User once the registration for the service is made or once it receives any request/ communication to its Figrr Registered Number from any WhatsApp User. Figrr's own record or log of transactions maintained through computer systems but not limited to the same shall be accepted as conclusive and binding for all purposes.
By subscribing to Figrr’s service, the User agrees to get its personal notifications/alerts/acknowledgements via WhatsApp including but not limited to, transaction details, added subscriptions, promotional alerts, notification services etc. The User also agrees to receive notifications including Account and transaction alert notifications, updates, personalised offers, new events etc. on his mobile number registered with Figrr via WhatsApp. Further, by registering to the service on WhatsApp, the User authorises Figrr to send the aforementioned alerts to the User on WhatsApp and/or SMS at Figrr’s sole discretion and Figrr also may stop sending these alerts on SMS or any other channel, at its sole discretion.
The User understands that using WhatsApp may carry extra risks. Further, any message and information exchanged on WhatsApp shall be subject to the risk of being read, interrupted, intercepted, or defrauded by a third party or otherwise subject to manipulation by third party or involve delay in transmission. Figrr shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using this Service.
The User is aware that using any mobile application involves many uncertain factors and complex software, hardware, systems, etc. which are susceptible to interruptions and dislocations. Figrr does not make any representation or warranty that the Services will be available at all times without any interruption and that Figrr shall not be responsible for any variation, reduction or imposition of the terms or the User’s inability to use WhatsApp for any reason whatsoever.
The User further agrees that the WhatsApp application is owned and controlled by an independent third party which is unaffiliated with Figrr. Figrr is not responsible for the privacy or security policies of WhatsApp and any other entity that may be linked to/ from/ within it, and does not assume liability for any damage incurred by the User from the use of said application. The User fully understands that Figrr is not endorsing the products or services of WhatsApp or of any advertisement etc. appearing thereon.
The User hereby expressly acknowledges and confirms that the User has read, verified, understood, irrevocably agreed to and accepted and delivered all the terms and conditions contained herein online by sending a message/ sending any communication on WhatsApp on the Figrr Registered Number. The User hereby expressly acknowledges and confirms that at the time of accepting and signing these Terms and Conditions as above, the User fulfils the eligibility to utilise the Services as provided in these Terms and Conditions and that the User is (i) an individual; (ii) a major; (iii) of sound mind, solvent and competent to contract; (iv) a resident of India; and (v) is present within the territory of India at the time of utilisation of the Services.
The Website may contain links to Websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such Websites. We expressly disclaim any representations regarding the content or accuracy of materials on such Websites or the privacy practices of those Websites. If you decide to access Websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked website or resource.
You agree to defend, indemnify, and hold harmless Figrr, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Website, or any use of the Website in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable Indian law or foreign law or rights of a third-party.
You are solely responsible for your interactions with Merchants and other users of the Website. To the extent permitted under applicable laws, you hereby release Figrr from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Website, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
Figrr shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Figrr or a Merchant/Restaurant Partner, as applicable.
You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Figrr. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Figrr may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
Figrr shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Figrr or a Merchant/Restaurant Partner, as applicable.
You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Figrr. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Figrr may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
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The Terms of Use, including, without limitation, the incorporated Terms of Sale, Special Programs, Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Figrr with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Figrr with respect to such subject matter.
This website uses cookies to improve the user experience and ensure that it is functioning effectively, and on occasion also to provide marketing information or advertise online, either directly or through third party vendors.
For more information about Figrr, and how it protects your information, please see the Privacy Policy. To provide you with a more personalised and responsive service, Figrr needs to remember and store information about how you use this website. This is done using small text files called cookies. Cookies contain small amounts of information and are downloaded to your computer or other device by a server for this website. Your web browser then sends these cookies back to this website on each subsequent visit so that it can recognize you and remember things like your user preferences. For e.g., we may allow Google to set a cookie on your browser while you visit the Figrr Platform, and that would be a third-party cookie. Cookies may also endure for different periods of time. “Session Cookies' ' only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies'' meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again.
Whenever you use this website, information may be collected using cookies and other technologies. By using this website, you agree to Figrr's use of cookies as described in this Cookie Policy.
These Terms of Use are governed by the laws of India. Any action, suit, arbitration or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Mumbai, India.
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PDP’S SERVICES.
FIGRR DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No waiver by either you or Figrr of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.
Any correspondence with Figrr should be directed to: 202, Makhija Royale, Plot 753, SV Road, Khar West, Opposite RTO, Next to Ramee International, Mumbai 400052
The provisions of these Terms of Use apply equally to, and are for the benefit of, Figrr, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
