» Terms of Use

Terms of Use

These terms of use, read with the Privacy Policy (“Privacy Policy”), are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various statutes as amended by the Information Technology Act, 2000 and is enforceable against You (as defined hereinafter) under law by way of your acceptance hereof. The domain name https://www.momostreat.com and applications for mobile, tablet and other smart devices and application program interfaces, if any (collectively referred to as the “Website”), operated by HungerAvenue India Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “MomoStreat” or “We” or “Our” or “Us” or “Company”).

Your access or use of the Website, transaction on the Website, are governed by the following terms and conditions (hereinafter referred to as the “Terms of Use”), including the applicable policies which are incorporated herein by way of reference, along with any amendments/modifications made by the Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of the service(s). These Terms of Use constitutes a legal and binding contract between You on one part and MomoStreat on the other part. For the purpose of these Terms of Use, wherever the context so requires “You” or “Your” “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by registering on the Website as a registered User using the computer systems or just visiting and browsing the Website as a non-registered User.

The Users and MomoStreat shall hereinafter be referred to individually, as “Party” and collectively, as “Parties”. By accessing, browsing or in any way transacting on the Website, or availing any of the Services, You signify Your agreement to be bound by these Terms of Use. For purchases via our Website, by clicking on the “Accept” or “Agree” button you agree to the Terms of Use that will bind you. If you do not agree to these terms and conditions you must cease to purchase any services from us. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies, including the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

1. Interpretation

The headings are used for convenience and ease of reference and shall not affect the construction or interpretation of any provision of this Terms of Use.
Reference to the singular includes a reference to the plural and vice-versa, and reference to any gender includes a reference to the other gender.
Reference to an individual shall include his/ her personal representative.
References to any enactment are to be construed as referring also to any amendment or re-enactment, any previous enactment that such enactment has replaced (with or without amendment) and to any regulation or order made under it.

2.Scope

MomoStreat is engaged in the business of running food and beverages services at its premises for its various customers and providing online orders as well through its Website. The Website is a platform that allows users to browse and order different food products available in its menu card; to apply to become part of the journey of MomoStreat by joining through different franchise models, as per detailed information is available under the Tab “Franchise”, to become a part of the blog community by sharing relevant blogs on food and beverages, (“Product”).
The arrangement between You and Us shall be governed in accordance with these Terms of Use and Privacy Policy.
We reserve the right to refuse service to anyone for any reason at any time.

3.E-Platform for Communication

You agree, understand and acknowledge that the Website is an online platform that enables you to purchase the Product at the price indicated therein.
You further agree and acknowledge that MomoStreat is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website.

4. Access to Website

We will do our utmost to ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.

5. Eligibility

The Website should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If You are a minor (i.e. You are under the age of 18 years), You may use the Platform or Services only with the involvement of Your parent or guardian.
In addition, You represent and warrant that You have the right, authority and capacity to enter into this Terms of Use and to abide by all the Terms of Use. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the Terms of Use, MomoStreat reserves the right to suspend or permanently prevent You from availing Services or using the Website.

6. User Account, Password and Security

The Website requires You to register as a User by creating an account to avail of the services provided by the platform (“Account”). You agree and understand that You are responsible for maintaining the confidentiality of the Account information i.e., Your password which, together with Your e-mail address (“User ID”), allows You to access the Platform. This User ID and password, together with any mobile number or other information You provide form Your “Registration Information.
In addition, You represent and warrant that You have the right, authority and capacity to enter into this Terms of Use and to abide by all the Terms of Use. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the Terms of Use, MomoStreat reserves the right to suspend or permanently prevent You from availing Services or using the Website.
The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Account/Account Information or financial information.
You hereby acknowledge that the deletion of the Product from the Website does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of MomoStreat, immediately upon receiving your written request to that effect MomoStreat shall remove and/delete all such information. You agree and acknowledge that You will use your account on the Website to purchase and use Product only for your personal use and not for business purposes.

7. Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders purchased per person. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
User agree to provide current, complete and accurate purchase and account information for all purchases made at Our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Online ordering is provided in partnership with other delivery partners. MomoStreat shall not be held responsible for any service downtime of the online ordering system that is out of Our control.

8. Intellectual Property Policy

All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames, written posts and comments, software, scripts (” Content”), constitute Our and Our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and the Content
You may access the Website, avail of the features and facilities and utilize the Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission. If You would like to request permission to commercially exploit any particular Content, You could contact Us in the manner provided for herein.
MomoStreat and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
All software used on the Website is the property of MomoStreat or its licensors/software suppliers and is protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited. Our trademarks should not be used in connection with any Product or service without obtaining authorization from MomoStreat, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits MomoStreat. Contravention of this provision shall be construed as a material breach of this Terms of Use.

9.Customer Communications

Accepting these Terms of Use, implies Your express consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You while registering your Account. You further agree to Us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Website. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
You certify, warrant and represents that the telephone numbers and/or email addresses and any other information that you have provided to Us are Your own and not someone else’s and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Us and emails at each of the email addresses You have provided Us. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address (es).

10. User Guidelines

In consideration of MomoStreat granting You the rights hereunder, You hereby agree not to use the Website for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use and our Privacy Policy. You shall not use the Website in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any MomoStreat server, or interfere with any other party’s use and enjoyment of the Website. You shall not attempt to gain unauthorized access to any functions and features, other User accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website.
All Registration Information that you submit is true and accurate and you agree to maintain the accuracy of such information.
The Website is made available to you for your own personal and non-commercial use alone.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on the Website that:

Belongs to another person and to which You do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights
Violates any law for the time being in force;

You shall request MomoStreat to block the Account and change the password immediately for the Account if your Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify MomoStreat immediately of any unauthorized use of the Account or any other breach of security. MomoStreat shall not be liable for any loss to You owing to negligent actions or a failure on Your part to inform MomoStreat within a reasonable time, about loss or theft of your device and/or any unauthorized access in your Account, either with or without your knowledge.
MomoStreat shall make all reasonable efforts to ensure that your information is kept confidential. However, MomoStreat shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and MomoStreat shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You must notify Your bank immediately in the event Your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without Your permission. Please refer the detailed instructions received from Your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit card.

11. Indemnification

You agree to protect, defend and indemnify Us and hold Us and Our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website in violation of these Terms of Use and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
The terms of this clause will survive any termination or cancellation of these Terms of Use or Your use of the Website.

12. Disclaimer

You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and use and are using your best and prudent judgment before entering into any transactions through the Website.
We do not implicitly or explicitly guarantee assured prizes to win on the blogs, as that is subject to the relevance of the content and the number of blogs written in a month as compared to other bloggers, and We further do not warranty the prize product, if there are any malfunction or defect in the prize product that complaint has to be registered with the service centre of the product company directly without involving Us.
At no time shall We assure any grant of franchisee by contacting Us or submitting details to Us, it is the sole prerogative of MomoStreat to offer franchise to the prospective and potential User based on its selection criteria.

13. Warranties

The Website and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MomoStreat shall make reasonable efforts to make available the Website and the functions and features at all times. However, We make no warranty that the Product shall meet your requirements, be uninterrupted, timely, secure, and/or error free.
MomoStreat shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of MomoStreat including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk and You are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Us through or from the service will create any warranty not expressly stated in these Terms of Use.

14. Limitation of Liability

MomoStreat shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by Users as a result of any disclosures made by MomoStreat where Users have consented to the making of such disclosures by MomoStreat.
To the maximum extent permitted by applicable law(s), MomoStreat, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (a) the use of, or the inability to use, the Website or the Content, materials and functions related thereto; (b) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
MomoStreat assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users’ equipment on account of the Users’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Users are dissatisfied with the Website, the sole remedy of such User(s) is to discontinue using the Website.

15. Payments

Registration on the Website and the access to the information provided on the Website is free. You agree to make all payments directly to MomoStreat for purchase of Products. You agree and acknowledge that You shall not hold MomoStreat responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the delivery agents or for any actions/ omissions which are beyond the control of MomoStreat.
In order to process the payments, MomoStreat will integrate with trusted payment gateways/platforms.
We will have the right to modify the price of the Product and contact You for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify You of such cancellation. In the event that we accept Your order, the same shall be debited to Your credit/debit card account.

16. Modification of Website

MomoStreat reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. The Users agree that MomoStreat will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

17. Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

18. Termination

Our Right: We reserve the right, without notice and in Our sole discretion, to terminate Your access to, and use of, of the Website and to block or prevent Your future access to, and use of, the Website. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services.
Your Right: You may terminate these Terms of Use by closing Your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.

19. Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MomoStreat. Any consent by D MomoStreat to, or a waiver by MomoStreat of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

20. Force Majeure

The User accept and acknowledge that MomoStreat shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the delivery of Product as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of MomoStreat or any third party advertisers), or any other delay or default or deficiency or failure which arises from causes beyond MomoStreat’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, MomoStreat, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.

21. Governing Law and Dispute Resolution

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Bangalore.

22. Contact Information

If any User(s) has any comment, question or suggestion regarding any of our Products or If any User(s) has any questions concerning MomoStreat, the Website, these Terms of Use, or anything related to any of the foregoing, MomoStreat can be reached at the following email address contactus@momostreat.com

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