Welcome to CheersOye! (“which include platforms such as our website ‘www.cheersoye.com’ and/or mobile applications titled ‘CheersOye’ and/or WAP sites with the brand/domain name ‘cheersoye’ and/or any other modes as deemed appropriate by iPanache Private Limited”).
All references to singular shall include plural and masculine gender shall include feminine gender.
The clause headings are only for convenience and do not affect the meaning of the relative clause.
In this document, the following words and phrases shall have the following meanings:
“iPanache Private Limited” “our”, “us”, “we”, “CheersOye! refers to iPanache Private Limited, incorporated under the provisions of the Indian Partnership Act, 1932 having its registered office at G-2, Kanaiya Kutir, Plot No. 410, 14th Road, Khar (W), Mumbai – 400052 and includes its successors and assigns.
"You" or "User" shall mean any natural or legal person who has agreed to become a Sender/Recipient on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. iPanache Private Limited allows the User to surf the Website or make transactions without registering on the Website as a Guest User.
“CheersOye!” includes and refers to platforms such as website ‘www.cheersoye.com’ and/or mobile applications titled ‘Cheersoye’ and/or WAP sites with the brand/domain name ‘cheersoye’ and/or any other modes as deemed appropriate by iPanache Private Limited
“Partner Merchant” refers to but not limited to Restaurants/Bars/Pubs/Lounges/Cafes/Eateries/Fast Food Joints/Spas/Salons/Any other Service Providers, which CheersOye! has contracted with for the purpose of the Redemption of CheersOye! Gift Vouchers.
“CheersOye! Gift Voucher” means a voucher purchased on CheersOye! and sent to the Recipient in the form of a code via channels such as but not limited to Internet Website, Email, SMS, MMS, In-app notifications as per terms hereof. Further, it enables the Recipient to purchase goods/services against the specific e-voucher value by redeeming at our Partner Merchant as per availability.
“Sender” in relation to CheersOye! means a person who does a transaction by purchasing the CheersOye! Gift Voucher for a particular amount by providing the relevant details required by CheersOye!
Who is Collecting Your Information
At various pages of the CheersOye! websites, users can sign up or “opt in” to receive e-mails with coupons, alerts, announcements, advertisements and/or other promotional materials regarding CheersOye! and its products. Potential members can sign up by registering online at the relevant pages, by responding to specific advertisements inviting them to register.
During registration, CheersOye! may collect personally identifiable information such as the user's full name, e-mail address, mobile number, mailing address, and zip code. CheersOye! may use third parties to assist in providing CheersOye! transactional SMS, promotional e-mails in which case our contract with the third party will include obligations upon the third party to keep all information obtained during such contract confidential and secure.
The Sender/Recipient agrees to provide CheersOye! information that CheersOye! requires from the Sender/Recipient by law or regulation, or any other appropriate information that CheersOye! may reasonably request from time to time.
The Sender/Recipient hereby expressly authorizes CheersOye! to disclose at any time and for any purpose, any information whatsoever relating to his personal particulars, CheersOye! Gift Vouchers, transactions, redemptions or dealings with the CheersOye!, to the head office or any other branches, subsidiaries, or associated or affiliated corporations of CheersOye! wherever located, any government or regulatory agencies or authorities in India or elsewhere, any
agents or contractors which have entered into an agreement to perform any service(s) for the benefit of CheersOye!, and any other person(s) whatsoever where the disclosure is required by law or otherwise to whom CheersOye! deems fit to make such disclosure.
User Account, Password, and Security
The Website requires you to register as a User by creating an Account in order to purchase CheersOye! Gift Vouchers. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CheersOye! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CheersOye! cannot and will not be liable for any loss or damage arising from your failure to comply with the above mentioned terms.
The Sender/Recipient shall, prior to availing the use of CheersOye! Gift Vouchers, obtain appropriate advice and shall familiarize himself with the associated risks and all the terms and conditions pertaining to the service. The Sender/Recipient shall further verify all facts and statutory provisions and seek appropriate professional advice including the relevant tax implications. The Sender/Recipient accepts and acknowledges that CheersOye! is absolved of any liability to any person, in respect of anything done or omitted to be done by Sender/Recipient in any manner what so ever.
User Account History – The account history which includes CheersOye! Gift Vouchers Sent, CheersOye! Gift Vouchers Received and CheersOye! Gift Vouchers Redeemed will be captured and visible to the user only post Signup and from the date of activation of the account/email id. Any transactions or account history prior to signup and account activation will not be available to the user.
Hence it is advisable to Signup and activate the account before doing any transactions to keep a tab on the account history.
When visiting CheersOye!, pages that display a Facebook/Google+ Login button, you have the opportunity to interact more deeply with those CheersOye! pages, by logging in or signing in to those pages using your Facebook/Google account information. This feature provides you with ways to share your information with CheersOye! and find your friends. By using this feature, you are sharing certain public information from your Facebook/Google+ profile with CheersOye! including name, profile picture, gender, networks, user ID, list of friends, and any other information you've shared with everyone. You can also choose to grant the application explicit permission for any private data you have on Facebook/Google+.
You will be required to enter a valid mobile phone number while doing transactions on the website. By registering your mobile phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order, delivery, usage or expiry related updates. We will not use your personal information to initiate any promotional phone calls or SMS. By providing recipient's mobile phone number, you consent to be liable for any damages should the recipient claim any with TRAI.
Our Website, in its entirety, including all site design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, arrangement, coordination, enhancement and presentation of said elements is the sole property of iPanache Private Limited and protected by Indian and International Copyright laws. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
The trademarks CheersOye! and iPanache Private Limited are the trademarks of iPanache Private Limited All other designs, graphics, logos, slogans, product names and service names owned by iPanache Private Limited are trademarks or servicemarks of iPanache Private Limited All other trademarks not owned by iPanache Private Limited or its affiliates that appear on our Website are the property of or are used under license from their respective owners, who may or may not be affiliated with, connected to or sponsored by iPanache Private Limited or its affiliates.
Using Our Websites
Our Website and its contents are intended for your personal, non-commercial use.
If CheersOye! terminates your use of the Website, CheersOye! may delete any content or other materials relating to your use of the Website and CheersOye! will have no liability to you or any third party for doing so.
You are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. iPanache Private Limited will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from iPanache Private Limited on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Chrome, Safari, Mozilla Firefox, etc.)
Errors on Our Website
iPanache Private Limited makes all efforts to ensure that the information on this Site is accurate, current and complete. However, there may be instances when information about CheersOye! website contains inaccurate or incomplete information. iPanache Private Limited does not warrant or guarantee that the information on this Site is error-free, complete, or current. iPanache Private Limited reserves the right to correct errors and/or to update the content or information on this Site at any time, without notice.
CheersOye! Gift Voucher
Through the CheersOye! Website, you may be able to send/receive CheersOye! Gift Vouchers of non-refundable amounts in denominations from INR 100 to INR 10,000. Subject to certain limitations and restrictions, the CheersOye! Gift Vouchers are redeemable at all CheersOye! Partner Merchants. Purchasing CheersOye! Gift Vouchers on our Website are subject to the following terms:
1.Only those individuals with a valid Credit card, Debit card, Net banking or any other valid mode of payment acceptable at the Payment gateway Checkout option may send CheersOye! Gift Voucher.
2.Currently, we accept Visa, MasterCard, Maestro and American Express. Cash, personal cheques, cashiers/certified cheques, money orders, or any other form of payment will not be accepted. You will be billed when your order is submitted by you.
3.Submission of your order constitutes purchasing of the CheersOye! Gift voucher by providing valid details of the recipient such as Name, Email id/Mobile No. After successfully processing your order via the Payment Gateway, you will be shown an order confirmation page and confirmation e-mail will be sent to the email id provided by you. You should either print the order confirmation page and/or keep the e-mail confirmation for your records.
4.CheersOye! voucher code is instantly sent to the valid Mobile number and/or Email id of the recipient provided by you.
5.However if any of the detail which includes but not limited to Mobile Number/Email ID provided by the Sender is incorrect, CheersOye! would not be responsible for misuse of such vouchers in the above cases. The CheersOye! Gift voucher will be deemed as sent successfully and there will not be any refunds.
6.Events and Greetings will be sent to the recipient only via Email Id. Hence request you to kindly provide a valid Email Id of the recipient while sending the CheersOye! voucher incase you have added the Event and the Greetings to be shared with the recipient.
Sending or use of the CheersOye! Gift Voucher constitutes acceptance of the following terms:
All CheersOye! Gift Voucher purchased and issued on our Website are deemed valid in India. You agree that the substantive laws of India will govern your purchase of CheersOye! Gift Voucher online, without giving effect to any conflict of laws principles that otherwise might result in the application of the substantive laws of another jurisdiction. Further, you agree that any dispute relating in any way to your online purchase of a CheersOye! Gift Voucher shall be submitted to confidential binding arbitration in Mumbai jurisdiction, Maharashtra, India.
Incase the CheersOye! Gift Voucher via Email/SMS is not received by the recipient; please contact us or we will assume that the voucher has been sent. It is an electronic receipt and hence we can resend it again to the respective recipient’s email/mobile number provided by the sender at the time of the transaction. You need to communicate to us on email@example.com and send across the Order Id generated on successful transaction via the registered email of the sender.
However if any of the detail which includes but not limited to Mobile Number/Email ID provided by the Sender is incorrect, CheersOye! would not be responsible for misuse of such vouchers in the above cases. The CheersOye! Gift Vouchers will be deemed as sent successfully and there will not be any refunds.
You can avail special offers/discounts/cash backs, etc via a promo code that last for a limited period. Please enter a valid promo code, if you have received one, to avail any such related offers. Offers & discounts may not be valid at all times and may be periodic/seasonal. This would be communicated to you if eligible. Discounts/deals offered by Partner Merchant at the time of purchase of CheersOye! Gift Vouchers may/may not be valid at the time of redemption. Offers or discounts and freebies cannot be clubbed with any other promotional offers. Certain offers or discounts promoted on our Website will be provided by the respective Partner Merchants as per their discretion. iPanache Private Limited will not be responsible for any such offers/discounts, incase not honored, by the Partner Merchant. Users are requested to confirm with the respective Partner Merchant before claiming any such offers/discount.
The CheersOye! Gift Voucher validity would be mentioned in the email/sms containing the voucher code. Please ensure redemption of the CheersOye! Gift Voucher before the expiry as mentioned in the CheersOye! Gift Voucher details.
The Redemption of CheersOye! Gift Voucher by Sender/Recipient or any other person will not be allowed once the said CheersOye! Gift Voucher is expired.
The CheersOye! Gift Voucher would be redeemed by the Partner Merchant against the bill amount. However CheersOye! Gift Voucher may or may not be redeemable against the applicable taxes levied on the bill amount. This will be at the discretion of the Partner Merchant. In such cases wherein the CheersOye! Gift Voucher may not be redeemable against the applicable taxes levied on the bill amount, users will have to pay the taxes levied via any other mode of payment available at the point of sale as deemed appropriate by the Partner Merchant.
CheersOye! will not accept responsibility for any dealings the Sender/Recipient may have with the Partner Merchant including but not limited to the supply of goods and services. Should the Sender/Recipient have any complaints concerning any Partner Merchant, the matter should be resolved by Sender/Recipient with the Partner Merchant and failure to do so will not relieve the Sender/Recipient from any obligations to CheersOye!.
CheersOye! accepts no responsibility for any surcharge levied by a Partner Merchant and debited to the CheersOye! Gift Voucher.
CheersOye! accepts no responsibility for any home-delivery or takeaway charges levied by the Merchant as it is solely on the discretion of the Merchant. Customers are requested to check with the Merchant for any such charges beforehand.
The Sender is advised to retain record of all Transactions. The Recipient is advised to retain record of all Redemptions. These records shall have to be produced by the Sender/Recipient as and when informed by iPanache Private Limited
CheersOye! has the right to add or remove the Merchant on our Website at any given point of time. Senders/Recipients are requested to kindly check the Partner Merchants listed on our website www.cheersoye.com at the time of transaction/redemption.
If the CheersOye! Gift Voucher is presented at our Partner Merchant and the process of redemption is completed, the customer does not have the right to cancel the redemption. Even if the placed order is cancelled, the CheersOye! Gift Voucher will be deemed as Redeemed and there will be no reversals or refunds in such cases.
The CheersOye! Gift Vouchers may not be applied towards services such as purchasing of Money Orders, Wire Transfers, etc. CheersOye! Gift Vouchers have no implied warranties and are not a credit card or debit card. CheersOye! Gift Vouchers cannot be redeemed for Cash nor may you return merchandise or cancel services obtained for a cash refund at our Partner Merchant. Resale or Transfer of CheersOye! Gift Vouchers is strictly prohibited. The CheersOye! Gift Vouchers may be redeemed only by the Recipient of the respective voucher and no other person. Cash withdrawal or deposit is not allowed against CheersOye! Gift Vouchers.
CheersOye! is not responsible for lost, stolen CheersOye! Gift Vouchers or any unauthorized use, and will not replace such lost, stolen CheersOye! Gift Vouchers. The Recipient shall be responsible for the security of the CheersOye! Gift Vouchers and ensure all steps towards the safekeeping and authorized use of the same.
If your purchase or bill amount at the Partner Merchant outlet exceeds the value of CheersOye! Gift Voucher, you must pay the extra payable amount at the time of purchase by any acceptable mode of payment as deemed appropriate by the Partner Merchant. If your purchase or bill amount is less than the value of the CheersOye! Gift Voucher, there will be no refund on the balance voucher amount.
CheersOye! and our Partner Merchants concerned, reserve the right, at any time, to refuse the use or redemption of the CheersOye! Gift Vouchers without without assigning any reason thereof.
Right of admission are reserved with our Partner Merchants. Alcohol will be served as per the Country/State/City law. Please carry a valid id proof at the time of redemption.
The drink/meal/service of your choice may not be available in each of our Partner Merchants. The cuisine/dishes and services will vary across our Partner Merchants. We request you to enquire about the availability of drink/meal/services of your choice in advance before initiating the redemption.
CheersOye! shall not be in any manner responsible for the quality, value warranty and delay in delivery, non-delivery, non-receipt of any goods or services at the Partner Merchants.
It must be distinctly understood that CheersOye! Gift Voucher is purely a facility to the Sender/Recipient to purchase goods or avail of services at our Partner Merchants and CheersOye! holds out no warranty or makes no representation about quality, quantity, value, delivery or otherwise, howsoever regarding the goods or services, and any dispute should be resolved with the Partner Merchants directly.
CheersOye! accepts no responsibility for refusal by any Partner Merchants to honour CheersOye! Gift Voucher or any offers/discounts related to ChersOye! Gift Vouchers.
CheersOye! has arrived at an arrangement with some Partner Merchants, for granting discounts to the Sender/Recipient in respect of goods purchased/services obtained. However CheersOye! shall not be responsible or accountable for any dispute Sender/Recipient may have with Partner Merchants regarding the same.
CheersOye! Gift Vouchers may be used as personal or business Gift Vouchers, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain iPanache Private Limited or CheersOye’s prior written approval, which may be withheld by iPanache Private Limited at its sole discretion. Such approval shall be conditioned on, among other things, execution of and compliance with license agreement between you and iPanache Private Limited. Use of iPanache Private Limited or CheersOye's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of CheersOye! Gift Voucher is strictly prohibited until unless approved by iPanache Private Limited in written. Furthermore, the use of CheersOye! Gift Voucher in any manner that states or implies that any person, Website, business or product or service is endorsed or sponsored by or otherwise affiliated with CheersOye! or any of its subsidiaries or affiliates is prohibited.
The Sender and Recipient of CheersOye! Gift Voucher shall act in good faith at all times in relation to all dealings with CheersOye! Gift Vouchers and CheersOye!
The Sender and Recipient of CheersOye! Gift Voucher shall accept full responsibility for wrongful use of CheersOye! Gift Vouchers and which is in contravention of these terms and conditions. The Sender as well as Recipient shall indemnify CheersOye! to make good any loss, damage, interest or any other financial charges that CheersOye! may incur and or suffer whether directly or indirectly as a result of the Sender or Recipient committing violations of these terms and conditions.
CheersOye! reserves the absolute discretion and liberty to decline or honor the authorization request on CheersOye! Gift Vouchers without assigning any reason thereof.
The Sender as well as Recipient agrees that he will not use the CheersOye! Gift Vouchers for payment of any illegal/unlawful purchases/purposes.
CheersOye! may at its sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to its products/services.
The Sender/Recipeint shall at all times ensure that the CheersOye! Gift Vouchers is kept in a safe place.
The Sender/Recipient will be liable for all Transactions/Redemptions and for the related charges.
The Sender accepts that at his request and risk CheersOye! has agreed to provide the CheersOye! Gift Vouchers to the Recipient via a Transaction. Sender as well as Recipient accept full responsibility for all Transactions/Redemptions recorded with CheersOye!.
An instruction given by means of Transaction/Redemption of CheersOye! Gift Vouchers shall be irrevocable.
The Sender/Recipient shall, in all circumstances, accept full responsibility for the use of the CheersOye! Gift Vouchers, whether or not processed with his knowledge or his authority, expressed or implied.
The Sender/Recipient irrevocably authorizes CheersOye! to debit the voucher amounts utilized in full by using the CheersOye! Gift Vouchers for Transactions/Redemptions.
The Sender/Recipient should hold CheersOye! indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions/Redemptions.
CheersOye! will employ its best efforts in carrying out the Transactions/Redemptions but will not incur any liability either to the Sender or Recipient or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction/Redemption or an instruction.
The Recipient may use CheersOye! Gift Vouchers to pay for purchases at Partner Merchant which have agreed to accept CheersOye! Gift Vouchers.
CheersOye!, shall,in its sole discretion, at any time, without notice to the Sender/Recipient, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the CheersOye! Gift Vouchers and/ or services related to it at and shall not be liable to the Sender/Recipient for any loss or damage suffered resulting in any way from such suspension or termination.
Except as otherwise required by law, if CheersOye! receives any process, summons, order, injunction, execution, distrait, levy, lien, information or notice which we in good faith believe call into question the ability of Sender/Recipient, to transact, CheersOye!, may, at its discretion and without liability to the Sender/Recipient or such other person, decline to allow the use of CheersOye! Gift Vouchers or CheersOye!, may pay such funds over to an appropriate authority and take any other steps required by applicable law.
CheersOye!, reserves the right to either temporarily or permanently withdraw the privileges on CheersOye! Gift Vouchers and/or cancel the voucher at any time without giving any notice or assigning any reason thereof. In case of temporary withdrawal, the privileges may be reinstated by CheersOye!.
CheersOye! has a right to refuse a specific transaction permanently.
Merchant Information on CheersOye! website – All information pertaining to any Partner Merchant displayed on CheersOye! website is collected from the Partner Merchant or Received over email from the Partner Merchant. Prices and Services offered by the Partner Merchant subject to change without prior notice. Please check with the Merchant before visiting or ordering.
Menu/Services/Products of the respective Merchant may have changed since the last time it was updated on CheersOye! website.
CheersOye! does not guarantee prices or availability of products at the Merchant’s outlet/store. Customers are requested to check with the Merchant before visiting/availing the service.
The Menu/Service Card in the image format has been digitized by CheersOye! Customers are free to download and save these images, but not use the digital files for any commercial purpose, without prior written permission of CheersOye!
Maintenance: While advance notice of maintenance work likely to affect the availability of services, shall be given, CheersOye! reserves the right to suspend, without any notice, access to CheersOye! or the provision of all or any of the services, at any time, if CheersOye! deems it necessary to do so, whether for routine maintenance or for any other reason.
Sender/Recipient shall be deemed to have unconditionally agreed to and accepted these terms and conditions by either Signing Up or doing a Transaction on CheersOye!.
CheersOye! could make changes including (but not limited to) the purposes/reasons listed below:
oImpose or increase charges relating solely to the use of the CheersOye! Gift Vouchers.
oIncrease the Sender/Recipient’s liability for losses relating to transactions/redemptions of CheersOye! Gift Vouchers.
CheersOye! may also make a change without notice if the change is necessary to maintain or restore the security of the electronic system or equipment used for the transactions/redemptions. The Sender/Recipient would be notified within 30 days if such a change is made, unless disclosure would jeopardise the security of the electronic system or equipment.
By using this Website and providing your e-mail address, you are consenting to receive e-mail from us unless you advise us in writing or by e-mail that you do not desire to receive e-mail from us. By sending an e-mail to our Customer Relations department and providing your e-mail address, you are consenting to receive responses via e-mail. Additionally, by registering with CheersOye! you are consenting to receive e-mail newsletters from us.
Third Party Sites:
CheersOye! may provide links on its Website to other Websites that are not under the control of iPanache Private Limited or CheersOye!, its affiliates or Partner Merchants. In general, any Website that has an address (or URL) without the word “CheersOye!” is such a Website. These links are provided for convenience or reference only and are not intended as an endorsement by CheersOye!, its affiliates or Partner Merchants of the organization or individual operating such Website, or a warranty of any type regarding that Website or the information on that Website. In addition, parties other than CheersOye! and its subsidiaries may provide services or sell products through websites co-branded with CheersOye!.
iPanache Private Limited reserves the right, but not the obligation, to monitor areas of our Website electronically. iPanache Private Limited further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Website or to protect iPanache Private Limited rights or property, or the rights of the other Website users, or our partners, affiliates, sponsors, providers, licensors, or merchants. In the event that iPanache Private Limited is advised of the existence of defamatory, infringing or illegal content, iPanache Private Limited may investigate such claims and determine in our sole discretion whether to remove such content from our Website.
ALTHOUGH iPANACHE PRIVATE LIMITED RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON OUR WEBSITE IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, iPanache Private Limited DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
iPANACHE PRIVATE LIMITED DOES NOT OWN ANY RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.
Limitation of Liability:
iPANACHE PRIVATE LIMITED, ITS AFFILIATES OR PARTNER MERCHANTS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY YOUR USE OF OUR WEBSITE, YOUR MISUSE OF ANY INFORMATION CONTAINED HEREIN, OUR WEBSITE'S CONTENT, INCLUDING ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, ANY THIRD PARTY WEBSITES ACCESSIBLE THROUGH LINKS ON OUR WEBSITE, OR ANY SERVICES OR PRODUCTS DELIVERED, PURCHASED OR USED AS A RESULT OF YOUR USE OF OUR WEBSITE. iPANACHE PRIVATE LIMITED ALSO WILL NOT BE LIABLE FOR TECHNICAL FAILURES OR FOR UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF iPANACHE PRIVATE LIMITED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF iPANACHE PRIVATE LIMITED UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED RUPEES (INR 100).
CheersOye!, accepts no responsibility and will not be liable for any loss or damage for any service failures or disruptions (including but not limited to, loss of data) attributable to a systems or equipment failure or due to reliance by CheersOye! on third party products or interdependencies including but not limited to, electricity or telecommunications.
CheersOye! accepts no liability or responsibility for the consequences arising out of the interruption of its business by Acts of God, riots, civil commotions, insurrections, wars, or any other causes beyond its control, or by any strikes or lockouts.
CheersOye! shall not be responsible for any loss or damage caused to the Sender/Recipient by reason of any failure to comply with instructions, when such failure is caused due to reasons beyond the control of the CheersOye!, the opinion of the CheersOye! being final in this regard.
By applying for and availing the use of CheersOye! Gift Vouchers, the Sender/Recipient grants authority to CheersOye! for carrying out the Transactions/Redemptions.
CheersOye! shall under no circumstances be liable for any claims for losses or damages whatsoever whether direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Sender/Recipient or any other person.
CheersOye! shall not be liable for non-availability of the funds credited to the CheersOye! Gift Vouchers due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar causes beyond our control, in which circumstance no other branch, subsidiary, affiliate or Partner Merchants of CheersOye! shall be responsible thereof.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
The Sender/Recipient will indemnify CheersOye! and hold CheersOye! harmless for any/all losses caused due to cancellation(wrongful or otherwise) of CheersOye! Gift Voucher.
Sender/Recipient shall indemnify and hold CheersOye! harmless against any loss suffered by CheersOye!, its customers or a third party or any claim or action brought by a third party in relation to the use of the CheersOye! Gift Voucher by the Sender/Recipient or any of their agents, employees and associates.
The Sender/Recipient agrees to indemnify CheersOye! for all liabilities, losses, damages and expenses, which CheersOye! may sustain or incur either directly or indirectly as a result of:
•Negligence/mistake or misconduct of the Sender/Recipient.
•Breach or non-compliance of the rules/terms and conditions relating to the CheersOye! Gift Voucher.
Fraud or dishonesty relating to any transaction by the Sender/Recipient or his employees/ agents. Electronic terminals are machines and errors could occur while in operation.
The Sender/Recipient agrees to indemnify CheersOye! for any such machine/mechanical errors/failures. CheersOye! will not be liable for any failure to provide the facility or to comply with the terms and conditions for any cause that is beyond our control. In consideration of CheersOye! providing the Sender/Recipient with the facility of CheersOye! Gift Voucher, the Sender/Recipient agrees to indemnify and hereby keep CheersOye! indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which CheersOye! may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of providing the Sender/Recipient the said facility of the CheersOye! Gift Voucher or by reason of CheersOye! acting in good faith taking or refusing to take or omitting to take action on the Sender/Recipient’s instructions. The Sender/Recipient hereby indemnifies CheersOye! fully against any liability (civil or criminal), loss, cost, expenses or damages that may arise due to loss or misuse of the CheersOye! Gift Voucher.
Any dispute relating in any way to your visit to our Website shall be submitted to confidential binding arbitration in Mumbai, Maharashtra, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of iPanache Private Limited, or its affiliates. iPanache Private Limited may seek injunctive or other appropriate relief in any state or federal court in the state of Maharashtra, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Indian Judicial System. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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