Terms of Use

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”).

iPanache Private Limited owns and operates CheersOye!. We make this platform available to you, subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. By using our website, you agree that these Terms of Use create a legally binding agreement between you and CheersOye!.

CheersOye! reserves the right, at any time, to modify, amend, alter or update these Terms of Use. By continuing to use our website following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations or updates.

In relation to these Terms of Use:

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.

If any provision hereof is held to be illegal, void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to be deleted here from and the remaining Terms of Use shall continue in force and effect.

Definitions

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!

“Recipient” in relation to CheersOye! means a person who receives the CheersOye! Gift Voucher for a particular amount from the “Sender” and is eligible to redeem the CheersOye! Gift Voucher at our Partner Merchants subject to the applicable Terms of Use.

“Transaction” means purchase of CheersOye! Gift Vouchers by successfully making the payments worth the voucher amount via acceptable modes of payments such as Credit Cards, Debit Cards, Net Banking, etc as per the Terms of Use.

“Redemption” means purchase of goods/services by the Recipient against the specific e-voucher value at our Partner Merchant as per availability subject to the applicable Terms of Use.

Privacy

At CheersOye!, we are committed to protecting your privacy. We developed this Privacy Policy to share with you our information collection practices and the options you have when visiting our Website. You can always be assured the information we collect is used to provide a more personalized experience for users of this site. This Privacy Policy is an online Privacy Policy, applicable to this site only. By using this site, you are agreeing to accept the practices described in this Privacy Policy.

Who is Collecting Your Information

CheersOye! and its affiliates are the sole owners of the information collected; except as otherwise provided in this Privacy Policy, we will not sell, share, rent or loan this information to any third party. However, we may use and share aggregated information that does not personally identify you with third parties in order to improve the site for our users.

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.

Facebook/Google+ Login

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+.

SMS Notifications

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.

Copyright Notice

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.

Trademarks

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.

Services

By accessing CheersOye! website you are bound by the Terms of Use. By using CheersOye!, sender can send CheersOye! Gift Voucher to the Recipient and the voucher details including but not limited to the CheersOye! Gift Voucher amount, CheersOye! Gift Voucher validity, Recommended Choice, Suggested Restaurants, Greetings, etc will be communicated to the Recipient through but not limited to either of these channels - Internet Website, Email, SMS and MMS. By submitting recipient details, you are giving CheersOye! rights to send Email, SMS, MMS, Website access to the recipient. If you are receiving communication from CheersOye! submitted by sender, which is fraudulent, or objectionable material, or breach of privacy, CheersOye! is not responsible for that. CheersOye! provides you with the facility to report such incidence, which will be dealt as per the terms of use.

Using Our Websites

Our Website and its contents are intended for your personal, non-commercial use.

Except as otherwise provided on our Website, any use of our Website or its contents other than for your personal, non-commercial purposes - without our written permission - is strictly prohibited. Our Website or any portion of our Website may not be reproduced, duplicated, copied, transmitted, disassembled, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted under these Terms of Use. Any information copied from our Website in accordance with the foregoing must include the appropriate iPanache Private Limited copyright notice and trademark notices and may not be altered in any way.

Except as specifically permitted by these Terms of Use, using our Website does not confer, by implication, estoppel or otherwise, any ownership right or license to our Website as a whole or to any individual elements of our Website, without regard to whether such elements are subject to copyright or trademark protection. Access to our Website does not authorize anyone to use any name, logo, slogan or mark in any manner. The application of our Website, into any other site, is strictly prohibited unless pre-approved in writing by CheersOye! or its owner iPanache Private Limited reserves the right to refuse access in its sole discretion, including, without limitation, if iPanache Private Limited believes that a customer's conduct violates applicable law or these Terms of Use or is harmful to the interests of iPanache Private Limited or its website CheersOye! or its affiliates.

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.

All billing and registration information provided by you through this Website must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use.

Conduct

Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy our Website will not be permitted. Our Website may only be used for lawful purposes. You are prohibited from posting on or transmitting through our Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws. This agreement also mandates that robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other “bots” that visit our Website are Standard for Robot Exclusion (SRE) -compliant robots (“robots”). You agree not to access our Website by any means other than through the interface that is provided by us for use in accessing our Website. You agree not to access or use this site in order to collect information about site visitors or registered users of this site. We reserve the right to terminate or suspend your access to and use of this Website, without notice, if we believe, at our sole discretion, that it is in violation of these Terms of Use, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of the Agreement by either you or iPanache Private Limited, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. iPanache Private Limited's right to any submissions shall survive any termination of this Agreement.

Site Security

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.

By purchasing or using CheersOye! Gift Voucher, you are certifying and representing CheersOye! and it's Partner Merchants that the activities in connection with which the CheersOye! Gift Voucher will be used will comply with these Terms of Use and all applicable laws, rules and regulations, and that the CheersOye! Gift Vouchers will not be used in any manner that is misleading, deceptive, fraudulent, unfair or otherwise harmful to iPanache Private Limited or its website CheersOye!, Affiliates, Partner Merchants and Consumers. In addition, you agree to defend and indemnify iPanache Private Limited and its website CheersOye!, affiliates and Partner Merchants from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your purchase or use of the CheersOye! Gift Vouchers or violation of any of these Terms of Use.

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 support@cheersoye.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 Vouchers can be redeemed at our Partner Merchants listed on the CheersOye! website, as per CheersOye! Terms of Use. The recipient needs to show the original email/sms containing CheersOye! Gift Voucher code before placing the order at our Partner Merchants. The recipient can claim a drink/meal/service of their choice against the said CheersOye! Gift Voucher, as per the availability and discretion of our Partner Merchants. Users are requested to check with the respective Partner Merchant prior to redeeming the CheersOye! Gift Voucher.

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! reserves the right to revise policies, features and benefits offered on the CheersOye! Gift Vouchers and alter these Terms of Use from time to time and may notify the Sender/Recipient of any such alterations in any manner it thinks appropriate. Sender/Recipient will be bound by such alterations during any transaction/redemption.

These Terms form a contract between the Sender/Recipient and CheersOye!. By doing a Transaction/Redemption, the Sender/Recipient accepts these Terms of Use.

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.

We retain the right to amend CheersOye! business which is owned by iPanache Private Limited and these Terms of Use at any time and at our discretion and it is the sole responsibility of the Sender to read the Terms of Use before any Transaction as well as of the Recipient to read the Terms of Use before any Redemption.

E-mail:

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.

Links:

You may provide a hypertext link to our Website on another Website, provided that: (a) the link must be a text-only link, marked “CheersOye! Website,” (b) the link must “point” to the URL “http://www.cheersoye.com” and not to other pages, graphics or images within our Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of CheersOye!, affiliates and its Partner Merchants, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than CheersOye!, its affiliates and its Partner Merchants is associated with or sponsored by CheersOye! or its affiliates and Partner Merchants, (e) the link, when activated by a user, must display our Website on a full screen and not within a “frame” on the linking Website, and (f) you do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. CheersOye!, its affiliates and Partner Merchants reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms of Use or providing notice to the operator of a Website containing the link. You agree that all other hypertext links to our Website must be expressly approved in advance, in writing, by CheersOye!.

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!.

CheersOye! does not control such websites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such websites or the technology they implement. All use by you of such websites is at your own risk. CheersOye! reserves the right to terminate such links at any time without notice. You should review the privacy policy and terms of use for each such website and confirm that they are acceptable to you before you register on or use that site. Because some websites employ automated search results or otherwise link users to sites that contain information that may be deemed inappropriate or offensive, CheersOye! cannot be held responsible for the accuracy, legality or decency of material contained on such websites.

Monitoring:

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.

Disclaimers:

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.

IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

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.

Indemnities

You agree that you will hold harmless iPanache Private Limited, its affiliates, its Partner Merchants and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of iPanache Private Limited, and its affiliates or Partner Merchants from any and all claims arising out of or related to your access or use of, or your inability to access or use, our Website or from the services rendered by iPanache Private Limited in conjunction with your use of our Website. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from our Website or another site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your use of the content on this Website, your use of this Website, your connection to this Website, your violation of these Terms of Use, or your violation of any rights of any other third party. In no event will iPanache Private Limited, its affiliates, its Partner Merchants or the contributors of content to our Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

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.

Applicable Law

Our Website is created and controlled by iPanache Private Limited, in the State of Maharashtra, INDIA. As such, you agree that the substantive laws of the State of Maharashtra will govern the interpretation and enforcement of these Terms of Use, or any disputes that arise hereunder or relate in any way to the Terms of Use, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.

Disputes

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.

Miscellaneous

These Terms of Use incorporate by reference any notices contained on this Website and constitute the entire agreement with respect to your access to and use of our Website. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of these Terms of Use, which are intended to remain in full force and effect. iPanache Private Limited makes no representation that materials on our Website are appropriate or available for use in other locations or jurisdictions, and accessing our Website from jurisdictions where the contents of our Website are illegal is prohibited. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Contact Us

Please let us know if you have any questions about, or would like a copy of, our Terms of Use. A copy will be provided to you free of charge. Simply send us an e-mail at admin@panache-corp.com

COPYRIGHT NOTICE

Copyright 2016 iPanache Private Limited. All rights reserved. Any rights not expressly granted herein are reserved.