- Please read these Terms and Conditions ("Terms") carefully. These Terms govern your access to and use of the Noshtok website, applications, platforms, and services including but not limited to live cooking streams, ordering, POS integration, and related features ("Noshtok Platforms"). By accessing or using the Noshtok Platforms, you agree to be bound by these Terms. If you do not agree, please discontinue use and contact us at support@noshtok.com for any queries.
Introduction
- These Terms apply to your use of the Noshtok website (www.noshtok.com), mobile applications, APIs, and any services provided by Noshtok or its affiliates. Your downloading, accessing, or using the Noshtok Platforms constitutes your acceptance of these Terms.
- If you do not agree to these Terms, you must cease using the Noshtok Platforms immediately. Continued use after any amendment constitutes acceptance of the revised Terms.
Definitions
- "Services" means the Noshtok Platforms, including the live cooking stream application, ordering platform, POS integration, two-way audio features, and any related software or APIs provided by Noshtok.
- "Content" means all visual interfaces, graphics, design, code, products, data, images, photos, audio, video, text, and other materials on the Noshtok Platforms, excluding Your Content and third-party content.
- "Your Content" or "User Content" means any content you submit, upload, or transmit through the Noshtok Platforms, including orders, reviews, messages, ratings, feedback, and any customer or business information you provide.
- "You" shall mean the user, restaurant, merchant, or customer using the Services.
General Rules Relating To Conduct
- The Noshtok Platforms are made available for your own, personal or business use. We grant you a personal, limited, nonexclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms.
- You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.
- When you use the Noshtok Platforms you must comply with all applicable laws of India and with any applicable international laws (together referred to as "Applicable Laws").
- You agree that when using the Noshtok Platforms you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (I) Use the Noshtok Platforms in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or (II) Attempt to gain unauthorized access to the Noshtok Platforms or any networks, servers or computer systems connected to them; or (III) Modify, adapt, translate or reverse engineer any part of the Noshtok Platforms or re-format or frame any portion of the pages comprising them, save to the extent expressly permitted by these Terms or by law.
- You agree to indemnify Noshtok and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Noshtok Platforms otherwise than in accordance with these Terms or Applicable Laws.
Intellectual Property Rights And Content
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with the Services and Our Content. All rights are reserved.
- You acknowledge that the Services contain information which is designated as confidential by Noshtok and that you shall not disclose such information without Noshtok's prior written consent.
- We grant you a perpetual, irrevocable, nonexclusive, royalty-free license to use, reproduce, and display Your Content solely in connection with the provision of the Services. You represent that Your Content is original, does not infringe third-party rights, and complies with Applicable Laws.
- You are responsible for Your Content. You represent and warrant that: (I) Your Content is not generated by automated means without human oversight; (II) Your Content does not infringe any intellectual property, privacy, or other rights of any third party; (III) Your Content complies with Applicable Laws. You assume all risks associated with Your Content.
Third Party Content and Links
- Noshtok may monetize the Noshtok Platforms through third-party affiliate programs. We have no control over third-party websites, services, or content linked from our platform.
- Third-party content does not reflect the views of Noshtok. You are responsible for reviewing the terms and privacy policies of any third-party services you access through the Noshtok Platforms.
- We do not screen, investigate, or endorse third-party material. Noshtok is not liable for any delays, inaccuracies, or unavailability of external sites or resources.
- Noshtok disclaims all liability for user content and third-party content. We are not responsible for any loss or damage arising from reliance on external sites, resources, or offensive or illegal content.
Free Trial And Fees
- Noshtok may offer free trial periods for certain Services. Eligibility and duration are at our discretion. Upon expiry of the free trial, paid membership may be required.
- Billing for yearly membership and other paid plans will be communicated prior to activation. You will receive notification before your account transitions to paid membership.
- Cancellation of paid membership is subject to our cancellation policy. Refunds for partial membership periods may not be available except as required by Applicable Laws.
- Noshtok reserves the right to modify service plans and pricing. Changes will be communicated in advance where practicable.
Noshtok Privacy Policy
- Noshtok takes your privacy seriously. Your personal information is used in accordance with our Privacy Policy.
- By using the Noshtok Platforms, you acknowledge and accept our Privacy Policy and these Terms. We encourage you to review both documents periodically.
Disclaimer / Liability
- THE NOSHTOK PLATFORMS ARE PROVIDED "AS IS" AND USED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOSHTOK DISCLAIMS ALL LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) IN CONNECTION WITH THE SERVICES.
- NOSHTOK EXCLUDES ALL IMPLIED WARRANTIES INCLUDING WARRANTIES AS TO ACCURACY, COMPLETENESS, QUALITY, PERFORMANCE, FITNESS FOR PURPOSE, AVAILABILITY, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.
- NOSHTOK IS NOT RESPONSIBLE FOR TECHNICAL FAILURES, INTERRUPTIONS, OR DAMAGE TO YOUR EQUIPMENT ARISING FROM USE OF THE NOSHTOK PLATFORMS.
Limitations of Liability
- NOSHTOK SHALL NOT BE LIABLE FOR: (I) economic loss (including loss of revenues, profits, contracts, business or anticipated savings); (II) loss of goodwill or reputation; or (III) special, indirect or consequential loss.
- IF NOSHTOK IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE NOSHTOK PLATFORMS, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO THE SUMS PAID BY YOU FOR THE SERVICES, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS.
Service Suspension
- Noshtok reserves the right to suspend or cease providing any services relating to the Noshtok Platforms, with or without notice, and shall have no liability or responsibility to you if it chooses to do so.
- If your subscription expires and is not renewed within 30 days, your account may be marked dormant and access to paid services suspended. Access may be restored upon full payment. Extended non-payment may result in data cleanup as per our data retention policy.
- For active users, data and logs are retained for 365 days on a rolling basis. Extended retention may be available through applicable plan-based services.
- Upon expiry or termination of your Service Agreement, you shall download your data within 2 days. After such period, Noshtok shall not be responsible or liable to retain any such data in its systems or databases.
Advertisers
- Noshtok accepts no responsibility for advertisements displayed within the Noshtok Platforms. Any engagement with third-party advertisers is at your own risk. Complaints or queries regarding advertisements should be directed to the advertiser, not Noshtok.
General
- These Terms (as amended from time to time) constitute the entire agreement between you and Noshtok concerning your use of the Noshtok Platforms.
- Noshtok reserves the right to update these Terms from time to time. Updated versions are effective immediately and will be available via a link on the Noshtok Platforms. You are responsible for reviewing any changes.
- Noshtok will send account-related information (e.g., payment authorizations, invoices, password changes) in electronic form only.
- These Terms shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.
- If any provision of these Terms is found invalid, it shall be construed to reflect the parties' intentions, and the remaining provisions shall remain in full force and effect.
- Noshtok's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Noshtok in writing.
