CHOCOCHIP TERMS AND CONDITIONS
These Terms and Conditions ("Terms") govern the use of our website https://chocochip.ai/
and our application (collectively referred to as “Platform” ) designed for mobiles and handheld devices (hereinafter referred to as “CHOCOCHIP” ). Please read these Terms carefully before your use of the CHOCOCHIP App.
CHOCOCHIP is owned and operated by HOGR Food Network Pvt. Ltd., a private limited
company incorporated under the Companies Act, 2013 and having its registered office at 607,
8th Main, HAL 3rd,Stage, Indiranagar, New Thippasandra, Bangalore North, Bangalore,
Karnataka, India, 560075.
For the purpose of these Terms, wherever the context so requires, "you"/ “your”/ “User”
shall mean the restaurants who have subscribed to the CHOCOCHIP QR Code Service.
For the purpose of these terms, wherever the context so requires, “Customer(s)” shall mean
the customers of the User.
1. CHOCOCHIP SERVICES
CHOCOCHIP is a web and mobile-based technology platform designed to enhance the
dining experience at restaurant by offering contactless digital menu and a seamless ordering
system. Through the use of a unique QR code assigned to each restaurant table or service
point, Customers are allowed to access the User’s restaurant menu on their personal devices,
select items and place orders without the need for physical menu. CHOCOCHIP shall provide
CHOCOCHIP QR codes to the User on a subscription basis. The User may place the
CHOCOCHIP QR codes on their service tables for their Customers to scan the CHOCOCHIP
QR from their personal devices, access and explore the User’s restaurant menu, select food
and beverages from the restaurant menu, create list of order and show it to the User’s
professionals to place the order. The CHOCOCHIP platform is developed to streamline
restaurant operations, improve customer engagement and offer a modern, hygienic and
efficient alternative to traditional ordering methods. Any data upon scan will be stored at the
CHOCOCHIP internal database and shall be governed by the Privacy Policy as listed on the
website https://chocochip.ai/.
These Terms govern your use and access to the CHOCOCHIP App and its services. The
CHOCOCHIP App provides a QR code containing restaurant menu of the Users which can
be scanned and accessed by the Customers to explore the food and beverages offered in the
menu of the User’s restaurant and select and prepare a list of orders to be made by the
Customer in the restaurant ("Services"). The CHOCOCHIP App allows the Customers to
avoid long waiting time before making and order allow immediate service creating
convenience for both Users and Customers. By accessing the CHOCOCHIP platform
including its website and mobile application or using the CHOCOCHIP Services, you agree
to be bound by these Terms and Conditions and the accompanying Privacy Policy.
CHOCOCHIP shall provide smart QR codes to the User to be placed in the restaurant tables
in a clear and conspicuous manner for easy access by the Customers. The smart QR codes
shall lead the Customer to a web page containing the list of food and beverages offered by the
restaurant in its menu along with other details such as price, quantity, etc. which are provided
by the User.
All information as displayed on the CHOCOCHIP app shall be as submitted by the User and
CHOCOCHIP shall not in any way be responsible for the accuracy and truthfulness of the
displayed information.
2. PRICING
In consideration for the Services offered by us, You, undertake to pay to CHOCOCHIP a
subscription fees for the use of the CHOCOCHIP Services on a monthly basis as per the rates
set out and mentioned on the on the CHOCOCHIP website and mobile application, which
shall be determined by the CHOCOCHIP at its sole discretion ("Subscription") . From time
to time, We may change the Subscription fees for the Services or include any additional
charge / fee. We shall communicate such change(s) via email or any other modes of
communication, seven (7) days prior to the date that such change(s) are to take effect.
We will generate an invoice for the monthly / yearly Subscription in advance prior to the
commencement of term of Service (“Invoice”) which shall include but not be limited to the
following details: (i) term of Service; (ii) Subscription amount payable (iii) discounts and
similar adjustments (if any), applicable GST. The Invoice shall be generated on a monthly
basis depending on the arrangement arrived at between the User and Us and shall be payable
by the User in advance. In case of any accounting mismatch, we reserve the right to change,
amend, modify, add to or delete the whole or any part of the Invoice at any time that we in
our sole discretion require.
A valid payment method, including credit card, may be used to process the payment for your
Subscription. You shall, at the time of opting for our Services, agree for the E-Mandate for
processing the payments as and when duly payable through UPI / Credit Card / Net Banking.
Intimation shall be send to You 2 days prior to the deduction of payments and You shall have
the option of opting out of the E-Mandate. You must provide CHOCOCHIP with accurate
and complete billing information including full name, address, state, zip code, and valid
payment method information.
We reserve the right to withhold taxes as required by law.
You agree that you will promptly review, confirm all details with regards to the transactions,
fees and other charges as set out in the Invoice. The details of each Invoice, transaction, fee
and other charges shall be available on the merchant dashboard and it is your responsibility to
promptly notify us of any discrepancies or other disputes within seven (07) days of receipt of
the Invoice. You agree that all Invoices are deemed to be accepted and ratified if you do not
communicate a written claim or objection within the aforesaid period.
3. USER INFORMATION
The User Information shall mean and include the name, address, email ID, contact
information, product details, restaurant name, restaurant menu, brand logo, images, location
data, number of outlets of restaurant, device used and all other information that you willingly
submit or upload to the Platform.
Additionally, you may be able to access certain parts or features of the CHOCOCHIP
platform by using your account credentials from other services (each, a “Third Party
Account”), such as those offered by Google, Facebook or any other third-party aggregator.
By using the CHOCOCHIP App through a third - party account, you permit Us to access
certain information from such account for use by CHOCOCHIP. You are ultimately in
control of how much information is accessible to Us and may exercise such control by
adjusting your privacy settings on Your Third-Party Account.
4. USER ELIGIBILITY
The User(s) of CHOCOCHIP App are (i) restaurant owners having one or more restaurant
outlets having appropriate permissions, licenses (including but not limited to FSSAI, GST,
etc.) and authority to run and operate a restaurant under the applicable law.
You will comply with all laws that apply to You, and You shall be responsible for Your use
of the CHOCOCHIP App along with Your actions and omissions that relate to Your usage of
the CHOCOCHIP App.
5. USER DETAILS
The User in order to access the CHOCOCHIP platform must have an active account with a
valid username and password.
The User shall (i) set-up its brand page by filling true and accurate information, brand name,
logo, menu of food and beverages offered etc. as requested by the CHOCOCHIP platform (ii)
The User shall generate QR codes for its restaurant menu from the CHOCOCHIP App and
place them on a conspicuous portion of the service table of the restaurant or service points.
In providing the Services for adding the information, the CHOCOCHIP App only acts as an
assisting tool and shall not be liable for any wrong information submitted by the User or
subsequent changes in menu which are not updated in the CHOCOCHIP App. The functions
of CHOCOCHIP App are limited to providing access to the review page for communication
between User and Customer.
6. USING OUR SERVICES
Use: You may use our Services only in compliance with these Terms and as permitted by
applicable law. You agree not to interfere with our Services or try to access them using a
method other than the interface and the instructions that we provide. We may suspend or stop
providing our Services to you if you do not comply with any of the provisions of these Terms
and Conditions or policies, or if we are investigating suspected misconduct.
The User agrees that the Smart QR code shall be printed on a safe material and placed in such
a way that the QR code remains protected from any external damage which may lead to QR
code ineffectual.
7. INTELLECTUAL PROPERTY
The User agrees and acknowledges that HOGR Food Networks Pvt. Ltd shall remain the sole
and exclusive owner of the CHOCOCHIP Platform and the Services, brand name, trademark,
content, information, data, templates, texts, graphics, images, music, software, machine
learning models, audio, video, etc. provided through the Platform (“Intellectual Property”).
HOGR Food Network Pvt. Ltd retains all right, title and interest (including, without
limitation, all patent, copyright, trademarks, trade secret and other intellectual property
rights), whether registered or not, in and to Intellectual Property, all related and underlying
technology and any updates, enhancements, upgrades, modifications, patches, workarounds,
and fixes thereto and all derivative works of or modifications to any of the foregoing. There
are no implied licenses under these Terms and Conditions and any rights not expressly
granted to the User are expressly reserved by HOGR Food Network Pvt. Ltd. .
The User further agrees and acknowledges that it (i) shall not decompile, reverse engineer,
disassemble or otherwise attempt to derive source code of the Intellectual Property and (ii)
shall maintain the integrity and confidentiality of the Intellectual Property.
8. REPRESENTATIONS AND WARRANTIES OF THE USER:
The User represents and warrants that (i) it is engaged in the business of restaurant
services (ii) it has full power and capacity to enter into and perform its obligations (iii)
has taken all necessary licenses applicable to its business and is fully compliant with the
provisions of the applicable laws including but not limited to Food Safety and Standards
Act, 2006 and rules and regulations prescribed thereunder (“FSSAI”), as amended from
time to time and shall maintain in full force and effect the requisite licenses throughout
the; (iv) it shall not provide for display on the CHOCOCHIP menu, any food items that
may be unsafe or misbranded or substandard or which contain adulterant, contaminated or
extraneous matter or against the standards set forth under the provisions of FSSAI or any
other applicable act or rules prescribed thereunder; (v) all the information and contents
provided by it, to Us is true, correct and accurate (vi) it shall not decompile, reverse
engineer, disassemble or otherwise attempt to derive source code of the intellectual
property of CHOCOCHIP Platform or HOGR Food Networks Pvt. Ltd (vii) it shall not
breach any confidentiality provisions or Privacy Policy of CHOCOCHIP or any
applicable data privacy laws (viii) it shall not violate any applicable law (ix) It shall not
publish any objectionable, unlawful or inappropriate text, image and/or videos through
the CHOCOCHIP platform (x) contact or communicate with the Customer for any
purpose other than addressing (xi) the CHOCOCHIP AI QR code to be properly stuck /
conspicuously placed on the restaurant service table or service point.
Upon knowledge, or on being notified by the appropriate Government or its agency that
any information and data uploaded by User is unlawful or inappropriate, CHOCOCHIP
shall have the right to remove or disable access to the said information or data.
The Services of the CHOCOCHIP App are protected by copyright, trademark, trade
secret and other intellectual property laws throughout the world. These Terms or your use
of our Services do not grant you any right, title or interest in the CHOCOCHIP App,
others' content on the CHOCOCHIP App, our trademarks, logos or other brand features.
You agree to grant and hereby grant to us a non-exclusive, worldwide, royalty-free,
transferable, and revocable license to use Your trademarks, service marks, trade names,
meal names, meal descriptions, logos, designs and other designations, copy, or brands
used by You in connection with Your business or any other content that You post, upload,
share, store, or otherwise provide through the CHOCOCHIP App ("User IP"). This
license is expressly limited: (i) to use by Us in connection with the Services; and (ii) as
specifically permitted by You in writing.
Data: We will provide You with the aggregate information regarding reviews, ratings,
feedbacks and other metrics. In addition, You may be provided or have access to personally
identifiable information in connection with Your use of the Services. All such information is
subject to the Privacy Policy, and You agree to abide by the Privacy Policy with respect to
such information. In addition, You agree that you will only use the information for fulfillment
of orders made through the CHOCOCHIP App, and not for any other purpose (including but
not limited to marketing).
9. TERM
Unless you opt out of auto-renewal, which can be done by contacting us at
support@chocochip.ai, all our Services that you have signed up for will be automatically
extended for successive renewal periods of the same duration as the term originally selected
at the then-current rate. If you do not want to continue to be charged on a monthly / yearly
basis, you must cancel the applicable Service by contacting Us or terminate your account at
least thirty (30) days before the end of the recurring term, regardless of whether your
subscription period is monthly, quarterly or annual. Our Services cannot be terminated prior
to the end of such period for which You have already paid, and except as expressly provided
in these Terms, We do not refund any money once paid towards the Services for which You
have opted.
We reserve the right to suspend or terminate Your access to the CHOCOCHIP App
immediately without any notice to You if: (a) You are in breach of these Terms, (b) You are
using the CHOCOCHIP App in a manner that would cause a real risk of harm or loss to us or
other users, (c) in our sole discretion for any other reason.
10. YOUR CHOCOCHIP ACCOUNT
To use and access the CHOCOCHIP App as mentioned under these Terms, you will be
required to create an account on the CHOCOCHIP App ("CHOCOCHIP Account"). The
information provided to create the CHOCOCHIP Account shall be governed by the Privacy
Policy. The email address provided to create the CHOCOCHIP Account shall serve as the
primary email address through which all information in relation to payment, refund, invoicing
and customer activity/data shall be communicated to you. To protect your CHOCOCHIP
Account, keep your password confidential. You are responsible for the activity that happens
on or through your CHOCOCHIP Account. Try not to reuse your CHOCOCHIP Account
password on third-party applications. If you learn of any unauthorized use of your password
or CHOCOCHIP Account, contact us at support@chocochip.ai.
Your content in our Services:
Your Ownership: Some of our Services may allow you to upload, submit, store, send or
receive content, for example the menu items. You retain ownership of any intellectual
property rights that you hold in that content.
User Submissions: Anything you post, upload, share, store, or otherwise provide through the
Platform shall be a treated as content submission ("Content Submission"). You are solely
responsible for all Content Submissions you contribute to the Services. You represent that all
Content Submissions submitted by you are accurate, complete, up-to-date, and in compliance
with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the
Services any Content Submission that: (i) infringes any third party's copyrights or other rights
(e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography,
pedophilic, libelous; (iii) contains hateful, defamatory, or discriminatory content or incites
hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or
violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes
fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online
gaming and gambling, cash gifting, work from home businesses, or any other dubious
money-making ventures; or (viii) that violates any law. (ix) is grossly harmful, harassing,
blasphemous, defamatory, obscene, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,
(x) deceived or misleads the addressee about the origin of such messages or communicated
any information which is grossly offensive or menacing in nature, (xi) impersonates another
person.(xii) contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of the Platform or Customer’s device
11. CUSTOMER DATA
The Parties agree that, during the course of provision of Services by CHOCOCHIP App, User
may obtain the Customer Data through the CHOCOCHIP App. Customer Data shall mean
and include any personal information of the Customer provided by the Customer including
but not limited to name, mobile number, address, email ids, banking details etc.
The User agrees and acknowledges that the User shall maintain confidentiality and integrity
of the Customer Data and agrees that CHOCOCHIP App or HOGR Food Networks Pvt. Ltd.
shall not be liable for any unauthorized disclosure of Customer Data by the acts or omissions
of the User.
The User agrees and acknowledges that upon termination of the Subscription, as applicable,
CHOCOCHIP App shall continue to have access to all the Customer and User Data collected
through the CHOCOCHIP App and stored in CHOCOCHIP App’s server/cloud.
CHOCOCHIP App shall have all right to use and utilize such Customer Data as set out above
in any manner as CHOCOCHIP App deems fit at its sole discretion in accordance with
applicable law. The User agrees to obtain appropriate consent to this effect while collecting
information from the Customers.
12. DISCLAIMERS
Other than as expressly set out in these Terms as agreed to by You in writing, neither Us nor
our third-party suppliers or distributors or licensors make any specific promises about the
Services. We don’t make any commitments about the content within the Services, the specific
functions of the Services, or their reliability, availability, or ability to meet your needs. We,
and our third-party suppliers, distributors and licensors, do not warrant or make any
representations regarding the use or the results of the use of the Services, including with
respect to its correctness, accuracy, reliability, or otherwise. We provide the Services on an
"as is" basis. To the extent permitted by law, other than as expressly set out in these terms as
agreed to by You in writing, We (and our third-party suppliers and distributors and licensors)
hereby disclaim and exclude all warranties, including all implied warranties of
merchantability, fitness for a particular purpose and non-infringement. We expressly disclaim
any responsibility and liability in connection with any sale of User Items, including but not
limited to any warranty or condition of quality or fitness for a particular purpose, or
compliance with any law, regulation, or code towards the sale of such User Item.
13. INDEMNIFICATION
You agree to indemnify and hold harmless, CHOCOCHIP App, HOGR Food Networks
Private Limited, its parent, holding and subsidiary companies, affiliates, group companies,
associates, directors, officers, partners, employees, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any and all claims,
damages and expenses, including attorneys’ fees, arising out of (a) Your access to, use of, or
misuse of the Services, in a way that is harmful to others including any claim arising from
Your preparation, description, or sale of User Items; (b) Your violation of any portion of
these Terms or the Invoice or breach of any representation, warranty, or agreement referenced
in these Terms, as applicable, or violation of any applicable law or regulation; (c) Your
violation of any Intellectual Property right, breach of confidentiality or privacy right; or (d)
any dispute or issue between You and any Customer or third party or (e) any acts of fraud,
misrepresentation or gross negligence by You; or (f) any medical or health issues, death,
injury or harm caused to any Customer by the User or User Items; (g) any acts by the User
that results in any harm, loss of reputation or in the sole opinion of CHOCOCHIP App, any
act which may have a negative impact on CHOCOCHIP App or its brand image, brand value
or it’s public perception (h) claims from Customers or any third parties including but not
limited to quality or quantity; or incorrect items; cancellation; etc. of the orders placed. We
reserve the right, at our own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by You (without limiting your indemnification
obligations with respect to that matter), and in that case, You agree to cooperate with our
defence of those claims.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, We and our past, present and future officers, agents,
shareholders, members, representatives, employees, successors and assigns (the
"CHOCOCHIP Parties"), will not be responsible for lost profits, revenues, or data, financial
losses or indirect, special, consequential, exemplary, or punitive damages. To the fullest
extent permitted by law, the CHOCOCHIP Parties’ aggregate liability for any claims under
these Terms or the Invoice including for any implied warranties, shall not exceed Rs. 5,000
(Rupees Five Thousand only) in total. In all cases, We and Our suppliers, licensors and
distributors, will not be liable for any loss or damage that is not reasonably foreseeable,
including, without limitation, any force majeure event. Except as provided hereunder, Your
sole and exclusive remedy under these Terms is to discontinue using the Services. These
exclusions and limitations of liability will apply to the fullest extent permitted by law and
will survive cancellation or termination of Your services.
CHOCOCHIP makes no warranties as to the fitness, correctness, reliability, or
merchantability of the Services, Content, or Site for a particular purpose. CHOCOCHIP
provides no assurances or warranties that the Site or Services will be free from errors,
omissions, incompatibilities, interruptions, or other risks commonly associated with the use
of computers, software, or the Internet. CHOCOCHIP has no obligation to service or remedy
any aspect of the site or Services. WE PROVIDE THE SERVICE ON AN "AS IS" BASIS.
CHOCOCHIP makes no warranties about the reliability or capabilities of its publishing
partners on social media or the internet. Partner websites and policies, third party software
stability, and internet connection speeds are out of our control
15. FORCE MAJEURE
In the event that either party is prevented from performing, or is unable to perform, any of its
obligations under these Terms due to acts of God, natural disasters, or other causes that are
beyond reasonable control, the party that is restricted in performing its obligations shall
notify the other party immediately upon the occurrence of such event. Upon notification by
the restricted party, the parties shall mutually decide performance of the obligations of the
restricted party shall be extended for such period as may be between the parties.
16. THIRD PARTY CONTENT
You acknowledge that when You access a link that leaves the CHOCOCHIP App, the site
You will enter into is not controlled by us and different terms of use/service and privacy
policies may apply. By assessing links to other sites, you acknowledge that we are not be
responsible for those sites. We do not screen or investigate third party material before or after
including it on our CHOCOCHIP App. Third party content, including content posted by
Customers, does not reflect Our views or that of Our CHOCOCHIP App. We assume no
responsibility or liability for any of Your content or any third - party content. You further
acknowledge and agree that CHOCOCHIP App is not liable for any loss or damage which
may be incurred by You as a result of the availability of those external sites or resources, or
as a result of any reliance placed by You on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such websites or resources.
Without limiting the generality of the foregoing, we expressly disclaim any liability for any
offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third
parties.
17. MODIFICATION OF TERMS
We are constantly trying to improve our Services, so these Terms may need to change along
with our Services. We reserve the right to change the Terms at any time, but if we do, we will
place a notice on our site located at https://chocochip.ai/ , send you an email, and/or notify
you by some other means. As such, the CHOCOCHIP App may change from time to time, at
our discretion. We may stop (either permanently or temporarily) providing certain Services or
any features within the CHOCOCHIP App to You .
If You do not agree with the new Terms, You are free to reject them; unfortunately, that
means You will no longer be able to use the CHOCOCHIP App. If You use the
CHOCOCHIP App in any way after a change to the Terms is effective, that means You agree
to all of the changes.
18. ABOUT THESE TERMS
Third Party Rights: These Terms control the relationship between CHOCOCHIP App and
You. They do not create any third-party beneficiary rights.
No Waiver: If you do not comply with these terms, and we do not take action right
away, this does not mean that we are giving up any rights that we may have (such as
taking action in the future). If a particular term is not enforceable, this will not affect
any other terms.
Assignment: You shall not assign any of your rights under these Terms, and any such
attempt will be void. CHOCOCHIP App may assign its rights to any of its affiliates or
subsidiaries, or to any successor in interest of any business associated with the
Services (whether by sale of stock or assets, merger, consolidation or otherwise).
19. GOVERNING LAW AND DISPUTE RESOLUTION
In the event of any claim, dispute, difference or question between the parties arising out of or
in connection with or in relation to the Terms (“Dispute”), the parties shall first endeavour to
settle such Dispute amicably by mutual discussion in good faith. (i) If the parties fail to
resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then
the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by
the parties. The Arbitration proceeding shall be conducted in accordance with the provisions
of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final
and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall
be Bangalore and shall be conducted in the English language. Subject to the foregoing, the
courts at Bangalore alone shall have exclusive jurisdiction to entertain any dispute arising out
of these Terms. These Terms shall be governed and interpreted by and construed in
accordance with the substantive laws of India.
20. PRIVACY POLICY
The Privacy Policy describes how we handle the information provided to us upon use of our
Services. You understand that through Your use of the Services, You consent to the
collection and use (as set forth in the Privacy Policy) of this information for storage,
processing and use by Us.
21. COMMUNICATIONS
In connection with Your use of the Platform, we may send you service announcements,
administrative messages, and other information.
These Terms and Conditions ("Terms") govern the use of our website https://chocochip.ai/ and our application (collectively referred to as “Platform” ) designed for mobiles and handheld devices (hereinafter referred to as “CHOCOCHIP” ). Please read these Terms carefully before your use of the CHOCOCHIP App.
CHOCOCHIP is owned and operated by HOGR Food Network Pvt. Ltd., a private limited company incorporated under the Companies Act, 2013 and having its registered office at 607, 8th Main, HAL 3rd,Stage, Indiranagar, New Thippasandra, Bangalore North, Bangalore, Karnataka, India, 560075.
For the purpose of these Terms, wherever the context so requires, "you"/ “your”/ “User” shall mean the restaurants who have subscribed to the CHOCOCHIP QR Code Service.
For the purpose of these terms, wherever the context so requires, “Customer(s)” shall mean the customers of the User.
1. CHOCOCHIP SERVICES
CHOCOCHIP is a web and mobile-based technology platform designed to enhance the dining experience at restaurant by offering contactless digital menu and a seamless ordering system. Through the use of a unique QR code assigned to each restaurant table or service point, Customers are allowed to access the User’s restaurant menu on their personal devices, select items and place orders without the need for physical menu. CHOCOCHIP shall provide CHOCOCHIP QR codes to the User on a subscription basis. The User may place the CHOCOCHIP QR codes on their service tables for their Customers to scan the CHOCOCHIP QR from their personal devices, access and explore the User’s restaurant menu, select food and beverages from the restaurant menu, create list of order and show it to the User’s professionals to place the order. The CHOCOCHIP platform is developed to streamline restaurant operations, improve customer engagement and offer a modern, hygienic and efficient alternative to traditional ordering methods. Any data upon scan will be stored at the CHOCOCHIP internal database and shall be governed by the Privacy Policy as listed on the website https://chocochip.ai/.
These Terms govern your use and access to the CHOCOCHIP App and its services. The CHOCOCHIP App provides a QR code containing restaurant menu of the Users which can be scanned and accessed by the Customers to explore the food and beverages offered in the menu of the User’s restaurant and select and prepare a list of orders to be made by the Customer in the restaurant ("Services"). The CHOCOCHIP App allows the Customers to avoid long waiting time before making and order allow immediate service creating convenience for both Users and Customers. By accessing the CHOCOCHIP platform including its website and mobile application or using the CHOCOCHIP Services, you agree to be bound by these Terms and Conditions and the accompanying Privacy Policy.
CHOCOCHIP shall provide smart QR codes to the User to be placed in the restaurant tables in a clear and conspicuous manner for easy access by the Customers. The smart QR codes shall lead the Customer to a web page containing the list of food and beverages offered by the restaurant in its menu along with other details such as price, quantity, etc. which are provided by the User.
All information as displayed on the CHOCOCHIP app shall be as submitted by the User and CHOCOCHIP shall not in any way be responsible for the accuracy and truthfulness of the displayed information.
2. PRICING
In consideration for the Services offered by us, You, undertake to pay to CHOCOCHIP a subscription fees for the use of the CHOCOCHIP Services on a monthly basis as per the rates set out and mentioned on the on the CHOCOCHIP website and mobile application, which shall be determined by the CHOCOCHIP at its sole discretion ("Subscription") . From time to time, We may change the Subscription fees for the Services or include any additional charge / fee. We shall communicate such change(s) via email or any other modes of communication, seven (7) days prior to the date that such change(s) are to take effect.
We will generate an invoice for the monthly / yearly Subscription in advance prior to the commencement of term of Service (“Invoice”) which shall include but not be limited to the following details: (i) term of Service; (ii) Subscription amount payable (iii) discounts and similar adjustments (if any), applicable GST. The Invoice shall be generated on a monthly basis depending on the arrangement arrived at between the User and Us and shall be payable by the User in advance. In case of any accounting mismatch, we reserve the right to change, amend, modify, add to or delete the whole or any part of the Invoice at any time that we in our sole discretion require.
A valid payment method, including credit card, may be used to process the payment for your Subscription. You shall, at the time of opting for our Services, agree for the E-Mandate for processing the payments as and when duly payable through UPI / Credit Card / Net Banking. Intimation shall be send to You 2 days prior to the deduction of payments and You shall have the option of opting out of the E-Mandate. You must provide CHOCOCHIP with accurate and complete billing information including full name, address, state, zip code, and valid payment method information.
We reserve the right to withhold taxes as required by law.
You agree that you will promptly review, confirm all details with regards to the transactions, fees and other charges as set out in the Invoice. The details of each Invoice, transaction, fee and other charges shall be available on the merchant dashboard and it is your responsibility to promptly notify us of any discrepancies or other disputes within seven (07) days of receipt of the Invoice. You agree that all Invoices are deemed to be accepted and ratified if you do not communicate a written claim or objection within the aforesaid period.
3. USER INFORMATION
The User Information shall mean and include the name, address, email ID, contact information, product details, restaurant name, restaurant menu, brand logo, images, location data, number of outlets of restaurant, device used and all other information that you willingly submit or upload to the Platform.
Additionally, you may be able to access certain parts or features of the CHOCOCHIP platform by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Facebook or any other third-party aggregator. By using the CHOCOCHIP App through a third - party account, you permit Us to access certain information from such account for use by CHOCOCHIP. You are ultimately in control of how much information is accessible to Us and may exercise such control by adjusting your privacy settings on Your Third-Party Account.
4. USER ELIGIBILITY
The User(s) of CHOCOCHIP App are (i) restaurant owners having one or more restaurant outlets having appropriate permissions, licenses (including but not limited to FSSAI, GST, etc.) and authority to run and operate a restaurant under the applicable law.
You will comply with all laws that apply to You, and You shall be responsible for Your use of the CHOCOCHIP App along with Your actions and omissions that relate to Your usage of the CHOCOCHIP App.
5. USER DETAILS
The User in order to access the CHOCOCHIP platform must have an active account with a valid username and password.
The User shall (i) set-up its brand page by filling true and accurate information, brand name, logo, menu of food and beverages offered etc. as requested by the CHOCOCHIP platform (ii) The User shall generate QR codes for its restaurant menu from the CHOCOCHIP App and place them on a conspicuous portion of the service table of the restaurant or service points.
In providing the Services for adding the information, the CHOCOCHIP App only acts as an assisting tool and shall not be liable for any wrong information submitted by the User or subsequent changes in menu which are not updated in the CHOCOCHIP App. The functions of CHOCOCHIP App are limited to providing access to the review page for communication between User and Customer.
6. USING OUR SERVICES
Use: You may use our Services only in compliance with these Terms and as permitted by applicable law. You agree not to interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with any of the provisions of these Terms and Conditions or policies, or if we are investigating suspected misconduct.
The User agrees that the Smart QR code shall be printed on a safe material and placed in such a way that the QR code remains protected from any external damage which may lead to QR code ineffectual.
7. INTELLECTUAL PROPERTY
The User agrees and acknowledges that HOGR Food Networks Pvt. Ltd shall remain the sole and exclusive owner of the CHOCOCHIP Platform and the Services, brand name, trademark, content, information, data, templates, texts, graphics, images, music, software, machine learning models, audio, video, etc. provided through the Platform (“Intellectual Property”). HOGR Food Network Pvt. Ltd retains all right, title and interest (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights), whether registered or not, in and to Intellectual Property, all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. There are no implied licenses under these Terms and Conditions and any rights not expressly granted to the User are expressly reserved by HOGR Food Network Pvt. Ltd. .
The User further agrees and acknowledges that it (i) shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code of the Intellectual Property and (ii) shall maintain the integrity and confidentiality of the Intellectual Property.
8. REPRESENTATIONS AND WARRANTIES OF THE USER:
The User represents and warrants that (i) it is engaged in the business of restaurant services (ii) it has full power and capacity to enter into and perform its obligations (iii) has taken all necessary licenses applicable to its business and is fully compliant with the provisions of the applicable laws including but not limited to Food Safety and Standards Act, 2006 and rules and regulations prescribed thereunder (“FSSAI”), as amended from time to time and shall maintain in full force and effect the requisite licenses throughout the; (iv) it shall not provide for display on the CHOCOCHIP menu, any food items that may be unsafe or misbranded or substandard or which contain adulterant, contaminated or extraneous matter or against the standards set forth under the provisions of FSSAI or any other applicable act or rules prescribed thereunder; (v) all the information and contents provided by it, to Us is true, correct and accurate (vi) it shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code of the intellectual property of CHOCOCHIP Platform or HOGR Food Networks Pvt. Ltd (vii) it shall not breach any confidentiality provisions or Privacy Policy of CHOCOCHIP or any applicable data privacy laws (viii) it shall not violate any applicable law (ix) It shall not publish any objectionable, unlawful or inappropriate text, image and/or videos through the CHOCOCHIP platform (x) contact or communicate with the Customer for any purpose other than addressing (xi) the CHOCOCHIP AI QR code to be properly stuck / conspicuously placed on the restaurant service table or service point.
Upon knowledge, or on being notified by the appropriate Government or its agency that any information and data uploaded by User is unlawful or inappropriate, CHOCOCHIP shall have the right to remove or disable access to the said information or data.
The Services of the CHOCOCHIP App are protected by copyright, trademark, trade secret and other intellectual property laws throughout the world. These Terms or your use of our Services do not grant you any right, title or interest in the CHOCOCHIP App, others' content on the CHOCOCHIP App, our trademarks, logos or other brand features. You agree to grant and hereby grant to us a non-exclusive, worldwide, royalty-free, transferable, and revocable license to use Your trademarks, service marks, trade names, meal names, meal descriptions, logos, designs and other designations, copy, or brands used by You in connection with Your business or any other content that You post, upload, share, store, or otherwise provide through the CHOCOCHIP App ("User IP"). This license is expressly limited: (i) to use by Us in connection with the Services; and (ii) as specifically permitted by You in writing.
Data: We will provide You with the aggregate information regarding reviews, ratings, feedbacks and other metrics. In addition, You may be provided or have access to personally identifiable information in connection with Your use of the Services. All such information is subject to the Privacy Policy, and You agree to abide by the Privacy Policy with respect to such information. In addition, You agree that you will only use the information for fulfillment of orders made through the CHOCOCHIP App, and not for any other purpose (including but not limited to marketing).
9. TERM
Unless you opt out of auto-renewal, which can be done by contacting us at support@chocochip.ai, all our Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected at the then-current rate. If you do not want to continue to be charged on a monthly / yearly basis, you must cancel the applicable Service by contacting Us or terminate your account at least thirty (30) days before the end of the recurring term, regardless of whether your subscription period is monthly, quarterly or annual. Our Services cannot be terminated prior to the end of such period for which You have already paid, and except as expressly provided in these Terms, We do not refund any money once paid towards the Services for which You have opted.
We reserve the right to suspend or terminate Your access to the CHOCOCHIP App immediately without any notice to You if: (a) You are in breach of these Terms, (b) You are using the CHOCOCHIP App in a manner that would cause a real risk of harm or loss to us or other users, (c) in our sole discretion for any other reason.
10. YOUR CHOCOCHIP ACCOUNT
To use and access the CHOCOCHIP App as mentioned under these Terms, you will be required to create an account on the CHOCOCHIP App ("CHOCOCHIP Account"). The information provided to create the CHOCOCHIP Account shall be governed by the Privacy Policy. The email address provided to create the CHOCOCHIP Account shall serve as the primary email address through which all information in relation to payment, refund, invoicing and customer activity/data shall be communicated to you. To protect your CHOCOCHIP Account, keep your password confidential. You are responsible for the activity that happens on or through your CHOCOCHIP Account. Try not to reuse your CHOCOCHIP Account password on third-party applications. If you learn of any unauthorized use of your password or CHOCOCHIP Account, contact us at support@chocochip.ai.
Your content in our Services:
Your Ownership: Some of our Services may allow you to upload, submit, store, send or receive content, for example the menu items. You retain ownership of any intellectual property rights that you hold in that content.
User Submissions: Anything you post, upload, share, store, or otherwise provide through the Platform shall be a treated as content submission ("Content Submission"). You are solely responsible for all Content Submissions you contribute to the Services. You represent that all Content Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any Content Submission that: (i) infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography, pedophilic, libelous; (iii) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violates any law. (ix) is grossly harmful, harassing, blasphemous, defamatory, obscene, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, (x) deceived or misleads the addressee about the origin of such messages or communicated any information which is grossly offensive or menacing in nature, (xi) impersonates another person.(xii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or Customer’s device
11. CUSTOMER DATA
The Parties agree that, during the course of provision of Services by CHOCOCHIP App, User may obtain the Customer Data through the CHOCOCHIP App. Customer Data shall mean and include any personal information of the Customer provided by the Customer including but not limited to name, mobile number, address, email ids, banking details etc.
The User agrees and acknowledges that the User shall maintain confidentiality and integrity of the Customer Data and agrees that CHOCOCHIP App or HOGR Food Networks Pvt. Ltd. shall not be liable for any unauthorized disclosure of Customer Data by the acts or omissions of the User.
The User agrees and acknowledges that upon termination of the Subscription, as applicable, CHOCOCHIP App shall continue to have access to all the Customer and User Data collected through the CHOCOCHIP App and stored in CHOCOCHIP App’s server/cloud. CHOCOCHIP App shall have all right to use and utilize such Customer Data as set out above in any manner as CHOCOCHIP App deems fit at its sole discretion in accordance with applicable law. The User agrees to obtain appropriate consent to this effect while collecting information from the Customers.
12. DISCLAIMERS
Other than as expressly set out in these Terms as agreed to by You in writing, neither Us nor our third-party suppliers or distributors or licensors make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We, and our third-party suppliers, distributors and licensors, do not warrant or make any representations regarding the use or the results of the use of the Services, including with respect to its correctness, accuracy, reliability, or otherwise. We provide the Services on an "as is" basis. To the extent permitted by law, other than as expressly set out in these terms as agreed to by You in writing, We (and our third-party suppliers and distributors and licensors) hereby disclaim and exclude all warranties, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. We expressly disclaim any responsibility and liability in connection with any sale of User Items, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code towards the sale of such User Item.
13. INDEMNIFICATION
You agree to indemnify and hold harmless, CHOCOCHIP App, HOGR Food Networks Private Limited, its parent, holding and subsidiary companies, affiliates, group companies, associates, directors, officers, partners, employees, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, damages and expenses, including attorneys’ fees, arising out of (a) Your access to, use of, or misuse of the Services, in a way that is harmful to others including any claim arising from Your preparation, description, or sale of User Items; (b) Your violation of any portion of these Terms or the Invoice or breach of any representation, warranty, or agreement referenced in these Terms, as applicable, or violation of any applicable law or regulation; (c) Your violation of any Intellectual Property right, breach of confidentiality or privacy right; or (d) any dispute or issue between You and any Customer or third party or (e) any acts of fraud, misrepresentation or gross negligence by You; or (f) any medical or health issues, death, injury or harm caused to any Customer by the User or User Items; (g) any acts by the User that results in any harm, loss of reputation or in the sole opinion of CHOCOCHIP App, any act which may have a negative impact on CHOCOCHIP App or its brand image, brand value or it’s public perception (h) claims from Customers or any third parties including but not limited to quality or quantity; or incorrect items; cancellation; etc. of the orders placed. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You (without limiting your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with our defence of those claims.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, We and our past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns (the "CHOCOCHIP Parties"), will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, the CHOCOCHIP Parties’ aggregate liability for any claims under these Terms or the Invoice including for any implied warranties, shall not exceed Rs. 5,000 (Rupees Five Thousand only) in total. In all cases, We and Our suppliers, licensors and distributors, will not be liable for any loss or damage that is not reasonably foreseeable, including, without limitation, any force majeure event. Except as provided hereunder, Your sole and exclusive remedy under these Terms is to discontinue using the Services. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of Your services.
CHOCOCHIP makes no warranties as to the fitness, correctness, reliability, or merchantability of the Services, Content, or Site for a particular purpose. CHOCOCHIP provides no assurances or warranties that the Site or Services will be free from errors, omissions, incompatibilities, interruptions, or other risks commonly associated with the use of computers, software, or the Internet. CHOCOCHIP has no obligation to service or remedy any aspect of the site or Services. WE PROVIDE THE SERVICE ON AN "AS IS" BASIS. CHOCOCHIP makes no warranties about the reliability or capabilities of its publishing partners on social media or the internet. Partner websites and policies, third party software stability, and internet connection speeds are out of our control
15. FORCE MAJEURE
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to acts of God, natural disasters, or other causes that are beyond reasonable control, the party that is restricted in performing its obligations shall notify the other party immediately upon the occurrence of such event. Upon notification by the restricted party, the parties shall mutually decide performance of the obligations of the restricted party shall be extended for such period as may be between the parties.
16. THIRD PARTY CONTENT
You acknowledge that when You access a link that leaves the CHOCOCHIP App, the site You will enter into is not controlled by us and different terms of use/service and privacy policies may apply. By assessing links to other sites, you acknowledge that we are not be responsible for those sites. We do not screen or investigate third party material before or after including it on our CHOCOCHIP App. Third party content, including content posted by Customers, does not reflect Our views or that of Our CHOCOCHIP App. We assume no responsibility or liability for any of Your content or any third - party content. You further acknowledge and agree that CHOCOCHIP App is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
17. MODIFICATION OF TERMS
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://chocochip.ai/ , send you an email, and/or notify you by some other means. As such, the CHOCOCHIP App may change from time to time, at our discretion. We may stop (either permanently or temporarily) providing certain Services or any features within the CHOCOCHIP App to You .
If You do not agree with the new Terms, You are free to reject them; unfortunately, that means You will no longer be able to use the CHOCOCHIP App. If You use the CHOCOCHIP App in any way after a change to the Terms is effective, that means You agree to all of the changes.
18. ABOUT THESE TERMS
Third Party Rights: These Terms control the relationship between CHOCOCHIP App and You. They do not create any third-party beneficiary rights.
No Waiver: If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other terms.
Assignment: You shall not assign any of your rights under these Terms, and any such attempt will be void. CHOCOCHIP App may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services (whether by sale of stock or assets, merger, consolidation or otherwise).
19. GOVERNING LAW AND DISPUTE RESOLUTION
In the event of any claim, dispute, difference or question between the parties arising out of or in connection with or in relation to the Terms (“Dispute”), the parties shall first endeavour to settle such Dispute amicably by mutual discussion in good faith. (i) If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall be Bangalore and shall be conducted in the English language. Subject to the foregoing, the courts at Bangalore alone shall have exclusive jurisdiction to entertain any dispute arising out of these Terms. These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India.
20. PRIVACY POLICY
The Privacy Policy describes how we handle the information provided to us upon use of our Services. You understand that through Your use of the Services, You consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by Us.
21. COMMUNICATIONS
In connection with Your use of the Platform, we may send you service announcements, administrative messages, and other information.