TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use apply to your use of the Pikngoo ("Application") and to your registration for creating a user account on the Application and accessing the services and information provided by the Application.
These Terms and Conditions of Use form a legally binding agreement between you and Briktek Advisors Pvt. Ltd. Having their registered Office at C-63, Block C, Panchsheel Enclave, New Delhi, Delhi 110017( Owners of the trade name Pikngoo) (hereinafter referred to as "the Company" / "we" / "us"), being the owner of the Application. Please read these Terms and Conditions of Use carefully before proceeding, as by completing the registration process and/or by using the Application, you signify your agreement with these Terms and Conditions of Use. If you do not agree with any of these Terms and Conditions of Use, then please do not access the Application and/or complete the registration process on the Application. In case of any discrepancy between these Terms and Conditions of Use and any other content within the Application, these Terms and Conditions of Use shall prevail.
The Company retains the right at any time to deny or suspend access to any or all sections of/services provided through the Application to any user, who the Company believes, has violated any of the provisions of these Terms and Conditions of Use.
GENERAL; SCOPE OF SERVICES
The Application is owned, operated and maintained by Briktek Advisors Pvt. Ltd., a Company duly incorporated under the Companies Act, 2013 acting through its Directors ( Owners of the "Pikngoo" trade name).The Application is a user friendly mobile booking platform for ordering food through it for the convenience of passengers at the Airports, domestic or international and for making the travellers aware of the food outlets available at different airports, in advance. The application makes it possible to make multiple meal bookings for a single traveller or group of travellers under one single booking, getting fresh meals at airports with prepayment options, and makes it possible to request for packed meals to be carried on board and the food (subject to airline permission) need not pass through harmful x-ray machines at the airports.
Through the Pikngoo Application, the Company provides the following, on payment of applicable "Convenience
fee"
Booking meals at Airports (departure lounges, arrival halls, transit lounges).
Booking the meals of your choice from different vendors providing food services at the Airports, with ease
and convenience of doing it through the application on your phone.
Pick-up facility for the food ordered through the application
Delivery of orders booked through its Application on payment of "Delivery fee".
The [customers and/or client] may collectively be referred to as "you" or "your" or "Users". The Users and the Company may collectively be referred to as "Parties".
REGISTRATION
To gain access to the contents or services provided through the Application, you will need to create an account on the Application. To create an account on the Application, you will be asked to complete the registration form and fill in certain details such as name, age, date of birth, address, mobile number, e-mail id, etc. You expressly acknowledge that the Company will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate. You will immediately inform of any changes to the information as would have been provided at the time of initial registration.
The Company reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from creating an account on the Application or to suspend or cancel an account. The Company also reserves the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions of Use or if any user who in the reasonable opinion of the Company is guilty of conduct which is detrimental to the reputation of the Company.
YOUR ACCOUNT
The user can access the Application either by registering to create an account ("Pikngoo Account") or by
logging into your account with certain third party social networking sites ("SNS") (including, but not
limited to, Facebook, Google etc.) ("Third Party Account") through our application.
For creating your Pikngoo account for the use of this application it will be based upon the personal
information you provide to us including phone number, email id etc. At the time of registering the account,
an OTP will be generated which will be sent on the registered mobile number of the user, as per details
provided therein. You will be required to make a username and password for the purposes of Login into your
account. You can have only one Pikngoo Account and are not permitted to create multiple accounts. Pikngoo
reserves the right to suspend such multiple accounts without being liable for any compensation where you
have created multiple accounts on the Application.
You agree to provide accurate, current and complete information during the registration process and update
such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Pikngoo Account and your access to the Services:
(i) if any information provided during the registration process or thereafter proves to be inaccurate, not
current or incomplete;
(ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or
(iii) if you are found to be non-compliant with the Terms of Use or other policies.
As part of the functionality of the Application, you may link your Pikngoo Account with Third Party
Accounts, by either:
providing your Third Party Account login information to us through the Application; or
allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions
that govern your use of Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Application via your Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on this Application.
You hereby confirm and acknowledge that you shall be solely responsible for maintaining the confidentiality of your username and password and restricting any unauthorized access and use of sections/services of this Application using your username and password. You will be responsible for all access to and use of this Application through your username and password, whether or not you have the knowledge of or authorize such access and use. You will notify the Company immediately of any unauthorized disclosure or use of username and password, or if you suspect the privacy of your username and password has been breached and/or jeopardized. Until the Company is notified of a breach in security, you will remain liable for any unauthorized disclosure or use of your username and password. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers.
You shall not (I) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of or cancel a username in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account.
Company also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the registration process and at any time thereafter from your account on the Application.
USE OF THIS APPLICATION
This Application is for your personal use. You shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from this Application whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of your use of this Application, you hereby warrant that you will not use this Application for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise.
You agree and acknowledge that Pikngoo is an application through which the customers will book meals with the restaurant / food outlet( Vendor) of their choice and as per their convenience and that Pikngoo is only an Intermediary Service Provider between the Vendor and the customer and it cannot be held responsible for the quality and content etc. of the meals that are provided by the Vendor. You further agree and acknowledge to pay the charge of nominal user/convenience fee by the Company for providing its services to you by use of this application. You also agree and acknowledge to pay a nominal delivery charge in the event you seek to avail delivery of the meal booked at any given point within the Airport premises, wherever this service is available.
Once registered as a User with the Company, you agree to receive all kinds of promotional, transactional and commercial messages from the Company in the form of Text message or email or any other electric mode.
You further agree and acknowledge that any unauthorized or unlawful use of this Application would result in irreparable injury to the Company and/or its affiliates for which monetary damages may be inadequate, and in such event Company and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that Company and/or its affiliates may have under separate legal authority.
MODIFICATION TO SERVICES
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered through this Application or the design and functionality of this Application, with or without notice and/or reason(s). You agree that Company shall not be liable either to you or to any third party for any modification, suspension or discontinuance of any of the services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.
USE OF COMMUNICATION FORUM ON THE APPLICATION
When you use this Application or send emails or other data, information or communication in any manner to Pikngoo, you agree and understand that you are communicating with Pikngoo through electronic records and you agree to receive communications from Pikngoo via electronic records, as and when required by it. Your use of this Application qualifies you to receive communications regarding Pikngoo services and its offers etc. through SMS, email, Telephone or by such other mode of communication, electronic or otherwise, as the Company may deem fit. If you do not wish to receive any communication from the Company, you can 'unsubscribe' to the communication in your account settings.
UPLOADING OF CONTENT AND INFORMATION
The Company advises its users to ensure that any and all content and information uploaded by any User on the Application is in compliance with and does not violate any of the provisions of these Terms and Conditions of Use. The Company reserves the right to filter any and all content and information as would be uploaded by the users prior to such content or videos being available to the other user of the Application and any decisions of the Company in this regard and filtering of any content and information would be final and binding on the users of the Application.
YOUR REPRESENTATIONS AND WARRANTIES
- You acknowledge, represent and warrant to the Company that all information submitted at the time of registration is truthful, lawful, and accurate, and that you agree to maintain the accuracy of such information.
- You will use the Application solely for your personal use and you shall not authorize others to use your account, including your profile or email address, and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users, and you shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations, including those related to data privacy, international communications, and the transmission of technical or personal data.
-
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that:
- (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
- (b) is bigoted, hateful, racially or otherwise offensive;
- (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit;
- (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
- You will not (a) use any services provided by the Application for any commercial purposes, or (b) advertise or sell any products, services, or otherwise (whether or not for profit), or solicit others or use any public forum for commercial purposes of any kind.
- You will not use the Application in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Application or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Application.
- You will not use another person's username, password, or other account information, or another person's name, likeness, voice, image, or photograph, or impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity.
You agree and undertake that you remain solely responsible for the content of the materials you post on the Application and in your private messages and that the same neither reflect the views of the Company nor shall it be liable or responsible in any manner for any such Content posted by you or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Application.
PRIVACY
Your registration data and other information collected through the use of this Application is subject to our Privacy Policy. You acknowledge that through your use of this Application, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the APPLICABLE governmental authorities for storage, processing and use by Company and its affiliates. For more information, see our full privacy policy at Privacy Policy.
LIABILITY DISCLAIMER
The Company shall not be responsible or liable for interactions between Users of the Application or be held liable for any harm or damage you may experience because of these interactions or availing the services of booking meals through different Vendors and consumption of the same.
The Company makes no claim about the safety or appropriateness of any information found on the Application or of any views expressed or information provided and available on the Application. The Company also does not make any claims concerning the results to be obtained from relying on the information made available by different vendors etc. on the Application and consequently the Company cannot be held liable for any non-performance and/or quality of the food, meal, beverages etc. booked through such vendors on the Application. The Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Application. The company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Company makes no representations about the suitability of the information, claims made by any vendors
regarding their food and products, and services provided by them through the use of this Application for any
purpose, or the results that may be obtained from accessing and using the services provided through the
Application. All such information regarding vendors etc. Is provided "as is" without warranty of any kind.
Company hereby disclaims all warranties and conditions with regard to such information, including all
implied warranties and conditions of merchantability, fitness for a particular purpose, title and
non-infringement and in no event shall Company and/or its affiliates be liable for any direct, indirect,
punitive, incidental, special or consequential damages arising out of or in any way connected with the
access or use of the services provided through the Application or with the delay or inability to access or
use the Application, or otherwise arising out of the use of this Application, whether based on contract,
tort, strict liability or otherwise, even if Company or any of its affiliates has been advised of the
possibility of damages.
(c) The Company is not responsible for any non-performance or breach of any contract entered into between
users and Vendors on this Application. The Company cannot and does not guarantee that the concerned vendors
and/or their agents will perform any transaction concluded on this Application. The Company is not
responsible for unsatisfactory or non-performance of services or damages or delays as a result of certain
meals being unavailable and/or deals, offers etc. being no longer available or redeemable.
(c) The Company is operating as an Intermediary and only assumes the role of a facilitator. The User agrees
that the contract for sale of any of the meals etc. on the Application shall be a strictly bipartite
contract between the Vendor and the User. In case of complaints from the User pertaining to efficacy,
quality, or any other such issues, the Company shall notify the same to Vendor and shall also redirect the
Vendor to the consumer call center of the Vendor. However, the vendor alone shall be liable for redressing
the complaints of the User/customer.
INDEMNITY
You agree to indemnify and hold the Company and/or its affiliates, service providers, licensors, etc., and each of their officers, directors, employees, agents and representatives harmless from and against any claims, suits, proceedings, disputes, demand, liabilities, damages, losses, costs and expenses (including without limitation, reasonable legal and accounting fees) in any way related to or arising out of:
- your access to or use of the services provided through the Application;
- any information, content, etc., uploaded by you on the Application;
- your act or omission resulting in violation of any of the provisions of these Terms and Conditions of Use; or
- infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company's defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. The Company will use all reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it. However, the failure of the Company to notify would not affect your indemnification obligations under these Terms and Conditions of Use.
TERMINATION OF REGISTRATION
These Terms and Conditions of Use will remain in full force and effect while you are a user of this Application. Your registration on this Application may be terminated at any time at the sole option and discretion of the Company or if you are found to be in breach of these Terms and Conditions of Use or if, in the reasonable opinion of the Company, you are guilty of conduct which is detrimental to the reputation of the Company.
INTELLECTUAL PROPERTY
All contents of this Application are copyrighted by the Company and/or its affiliates. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on this Application or in connection with any of the service are the property of the Company and/or its affiliates, licensors and/or licensees. Other product and company names mentioned herein may be the trademarks of their respective owners.
GENERAL
Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by the laws of India. User hereby consents to the exclusive jurisdiction of the courts at Delhi for any and all disputes arising out of or relating to the use of this Application.
Entire Agreement; Severability. These Terms and Conditions of Use and any other terms or documents referred to herein represent your entire agreement with Company with respect to your use of this Application. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.
No Waiver. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.
No Assignment. These Terms and Conditions of Use shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Company's prior written consent. Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions of Use to any of its affiliates or any other third party, without notice to you.
Updations/Modifications. You agree to be bound by these Terms and Conditions of Use, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions of Use and shall apply immediately. By continuing to use this Application after such modifications or changes to the Terms and Conditions of Use, you shall be deemed to give your acceptance of such modifications or changes. You may, at the sole discretion of the Company, be required to re-accept a substantially revised Terms and Conditions of Use to continue access to or use of the services provided through the Application.
A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
Any rights not expressly granted herein are reserved.
DISPUTE REDRESSAL
In the event of any dispute or difference arising between the Company and the User / the Customer the same shall be endeavoured to be resolved through mutual discussions, failing which this shall be sought to be resolved through the process of Mediation and Conciliation and only upon failure to arrive at a settlement within a period of 45 days of such efforts at Mediation and Conciliation, the parties may approach a Civil Court having jurisdiction. For this purpose, the Courts at Delhi alone shall have the jurisdiction to entertain and try the said disputes.
CONTACT US
Please contact us at skumar@briktekadvisors.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Application. You can also follow us on various social media platforms such as Facebook, Twitter and Instragram or chat with us on our platform.
All rights reserved