The following terms and conditions (these “Terms of Use” or “Terms”), governs Members access to and use of our Platform, including any content, functionality and services offered on or through www.hotefy.com (the “Platform”) by hotefy (“hotefy” “we” “us” “our”).
Please read the Terms of Use carefully before Members start to use the Platform. By using the Platform, Members accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If Members do not want to agree to these Terms of Use or the Privacy Policy, Members must not access or use the Platform.
1. Use of Our Services
Hotefy enables transactions between participant restaurants/hotels/merchants dealing in prepared food, beverages, tours, taxis, laundry and purchasing merchandise, etc (“Services“) and guests. The end-users (“Guest(s)“) can choose and place orders (“Orders“) from a variety of products listed and offered for sale by various merchants including but not limited to the restaurants and hotels (“Merchant/s“) through the Platform without any physical menu or waiter taking the order. Guest and Merchant may collectively be called as “Members”.
All commercial/contractual terms are offered by and agreed to between Guests and Merchants alone. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period and mode of delivery and warranties related to products and services. hotefy does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Guests and Merchants.
hotefy does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. Guests are advised to independently verify the bona fides of any particular Merchant and use their best judgment on that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. hotefy takes no responsibility for such offers.
hotefy is not responsible for any non-performance or breach of any contract entered into between Guests and Merchants through the Platform. hotefy cannot and does not guarantee that the concerned Guests and/or Merchants will perform any transaction concluded on the Platform. hotefy is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
hotefy is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Guest and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall hotefy hold any right, title or interest over the products nor shall hotefy have any obligations or liabilities in respect of such contract entered into between Guest and Merchant.
hotefy is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Guest. In case of complaints from the Guest pertaining to food efficacy, quality, or any other issues with any item ordered or purchased, Guest shall communicate the same to the Merchant. The Merchant shall be liable for redressing Guest complaints.
Guest also acknowledge and agree that they are Guest(s) of the Platform only and that they are not hotefy employees, joint venturers, partners, or agents whatsoever. hotefy does not have the right to control and does not control Guest, or the relationships between them or the subject matter of such relationships.
2. Modification or Changes to the Terms of Use
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Platform with or without notice to Members. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, Fees (defined below) or any other aspect of the relationship between hotefy and Members. Members should look at the Terms regularly.
As long as Members comply with these Terms of Use, hotefy grants Members a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform
3. Account Registration, and Other Guest Representations and Warranties
To access Our services, Guests will either enter the URL of the merchant or scan the QR Code. As a Guest, Members represent and warrant that Members are over the age of thirteen (13) years and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
Merchant must create a password-protected account (“Account”). Merchant may register for an Account using email and creating a password. Merchant agrees to provide accurate, current and complete information during the Account registration process and at all other times when Merchant uses the Platform, and to continually update information sufficient to keep it accurate, current and complete. Merchant is solely responsible for safeguarding their Account password and Merchant is solely responsible for all activity that occurs on or through their Account and needs to immediately inform hotefy of any suspected unauthorized use. hotefy is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of the Account. Notwithstanding the foregoing, Merchant may, however, be liable or responsible to hotefy or third parties due to unauthorized use of their Account.
4. Service Booking
5. Cancellations and Refunds
Cancellation and refund are done manually by the Merchant as per their internal policy. Merchant reserves the right to charge Guest cancellation fee for the orders constrained to be cancelled by hotefy for reasons not attributable to Merchant, including but not limited to: in the event if the address provided by Members is either wrong or falls outside the delivery zone; failure to contact Members by phone or email at the time of delivering the order booking; failure to deliver Guest order due to lack of information, direction or authorization from Members at the time of delivery; unavailability of all the items ordered by Members at the time of booking the order;
6. Rights and Obligations of hotefy
hotefy will attempt to continuously innovate in order to provide the best possible services to its Guest(s). Members acknowledge and agree that the form and nature of the services provided by hotefy may change from time to time without any prior notice.
Merchant acknowledge and agree that hotefy may stop (permanently or temporarily) providing the services (or any features within the Services) to Merchant at its sole discretion. Merchant acknowledge and agree that if hotefy disables access to Merchant account or login route, Merchant may be prevented from accessing the services, Merchant account details or any files or other content which is contained in Merchant account.
Merchant acknowledge and agree that while hotefy may not currently limit Merchant use of the Platform in any way, it may do so if that use hinders with the ability of hotefy to carry on its operations or the ability of Guest to use the offering.
hotefy shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.
7. Rights and Obligations of Guest(s)
Members agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines. Members agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by hotefy unless Members have been specifically allowed to do so in a separate agreement. Members specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers. Members agree that Members will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering). Members agree that Members are solely responsible for (and that hotefy has no responsibility to Members or to any third party for) any breach of Members obligations under the Terms and for the consequences (including any loss or damage which hotefy may suffer) of any such breach. Merchant agree that they will not use another person’s Account, to misrepresent themself, their identity or qualifications or transactions.
Members agree that Members will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party platform. Members agree that Members will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm hotefy or Guest(s); (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
Members agree that Members will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law of the Country of the Member.
Members agree that Members will not violate any hotefy policies that govern or relate to Members use of the Platform and interactions with Members and third parties. Members agree that Members will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by hotefy and which relate to Merchants.
Members agree that Members will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;
8. Merchant Content
All content, information, products, materials and services included or available to the Guest on the Platform are offered on an “as is” basis. hotefy makes no warranties or representations of any kind, implied or expressed, as to the operation of any of the content, information, materials, services or products included and available to the Guest. Guest understands and acknowledges that the content of data supplied through the Platform is entirely the responsibility of the Merchant. Merchant contents including menu, pictures of their meals/dishes is respected and will not be shared by hotefy without their express permission. We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Platform or to Member Content that We consider to be a violation of these Terms, hotefy policies and procedures, We consider harmful to the Platform, to hotefy or to any other Guest or third party or which We consider to be otherwise objectionable or for any other reason.
9. Representations and Warranties for Payment
As set forth above, except where we otherwise specifically agree in writing, hotefy does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any Goods or services or any other tangible or intangible thing that Members may discuss with another Guest. When Members make or accept an offer to transact, they are entering into a contract with each other, and even though hotefy may act as a limited service providing Platform, it is not a party to any agreement discussed or entered into between Members. hotefy may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party platforms, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not hotefy, and Guest(s) should review them carefully and independently. hotefy is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by hotefy of such providers or their services.
10. Third Party Websites
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. hotefy is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. hotefy is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such websites. Under no circumstances shall hotefy be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party websites should be directed to its respective platform administrator.
11. Intellectual Property
Members acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, Members agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
Except as provided below, hotefy and its affiliates and licensors retain all right, title and interest in and to the Platform and the Services. Members may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the hotefy’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of hotefy. Members agree to use the Services only in accordance with these Terms of Use. Members agree not to disassemble, decompile or reverse-engineer any software or other component of the hotefy Platform.
12. EXCLUSION OF WARRANTIES
MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT MEMBERS USE OF THE OFFERING IS AT MEMBERS SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS”BASIS. IN PARTICULAR, hotefy DOES NOT REPRESENT OR WARRANT TO MEMBERS THAT: (A) MEMBERS USE OF THE SERVICES WILL MEET MEMBERS REQUIREMENTS, (B) MEMBERS USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY MEMBERS AS A RESULT OF MEMBERS USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT MEMBERS OWN DISCRETION AND RISK AND hotefy WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO MEMBERS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBERS FROM hotefy OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
hotefy FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, GUEST EXPRESSLY UNDERSTANDS AND AGREES THAT hotefy PROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. hotefy AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICES WILL MEET MEMBERS EXPECTATIONS OR REQUIREMENTS.
MEMBERS ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS MEMBERS POST OR OTHERWISE COMMUNICATE USING THE SERVICES. hotefy SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL hotefy ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO MEMBERS. IN SUCH STATES, THE LIABILITY OF hotefy SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Indemnification
Hotefy is not obligated to investigate, monitor, mediate or resolve any dispute Members may have with another Guest of the Services, although we may undertake such action in our own discretion. In the event of a dispute with another Guest of the Services, Members agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute Members may have with any other Guest of the Services.
15. General Terms
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and Members relationship with hotefy under these Terms, shall be governed by the laws of Australia.
Members agree that if a dispute arises between Members and hotefy, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, Members must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. hotefy may assign its rights under this Agreement without notice to Members. Members agree that any cause of action arising out of or relating to hotefy’s Platform must commence within one (1) year after the cause of action arose.