CUSTOMER TERMS OF USE

Welcome to HOGR! Please read on to learn the rules and restrictions that govern your use of our mobile application. If you have any questions, comments or concerns regarding these customer terms or the products/services, please contact us at:

Email: support@hogr.in

Address: 607, 8th Main, HAL 3rd,Stage, Indiranagar, New Thippasandra, Bangalore North, Bangalore, Karnataka, India, 560075.

These Customer Terms of Use (“Customer Terms”) govern your use of our application designed for mobiles and handheld devices (which shall be hereinafter referred to as "HOGR App"). Please read these Customer Terms carefully before you use the HOGR App. These Customer Terms form a binding contract between a user of the HOGR App (hereinafter referred to as “you”, “your”, “User”, or “Customer”) and HOGR App (“”, “HOGR”, “we” or “us”). 

Your usage of the HOGR App in any manner or capacity, means that you agree to these Customer Terms in its entirety, and these Customer Terms will remain in effect while you use the HOGR App. These Customer Terms include the provisions set out in this document, as well as those contained in the Privacy Policy and any other relevant policies. A link to the privacy policy can be found in Clause 2.

Your use of or participation in the HOGR App may also be subject to additional policies, rules and/or conditions, which are incorporated herein by reference, and you understand and agree that by using the HOGR App, you agree to also comply with these additional terms.

PLEASE READ THESE CUSTOMER TERMS CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT SERVICES PROVIDED TO YOU. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE HOGR APP IN ANY MANNER.

  1. CHANGE IN CUSTOMER TERMS
  1. We are constantly trying to improve the HOGR App, so these Customer Terms may go through amendments/changes from time to time. We reserve the right to change these Customer Terms at any time, but if we do, we will place a notice on our site located here and notify you by (a) sending you an e-mail to your registered e-mail address or (b) contacting you on your registered mobile number or (c) by sending you a push notification on your mobile / handheld device where the HOGR App is downloaded.
  2. If you don’t agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the HOGR App. If you continue to use the HOGR App in any way after an amendment / change to the Customer Terms is effective, that means you agree to all of the changes.
  1. PRIVACY POLICY

The HOGR App, takes the privacy of its Users very seriously. For the current Privacy Policy, please visit: here

  1. USER INFORMATION
  1. You may be required to register on the HOGR App, which may be done by creating an account, selecting a password and username (“HOGR User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. Do not enter your HOGR User ID as a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You shall not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the HOGR App by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Facebook or any other third-party aggregator. By using the HOGR App through a Third Party Account, you permit us to access certain information from such account for use by HOGR. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third-Party Account.

  1. You represent and warrant that you are an individual of legal age, capable of forming a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the HOGR App and have gotten your parent or guardian to agree to these Customer Terms on your behalf).
  2. You will only use the HOGR App for your own, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, and you shall be responsible for your use of the HOGR App along with your actions and omissions that relate to your usage of the HOGR App (for example, restaurants must comply with all laws that relate to the Restaurant Items). If your use of the HOGR App is prohibited by these Customer Terms or applicable laws, then we have a right to suspend or terminate your use of the HOGR App, immediately and without any written notification. We can’t and won’t be held responsible for your using the HOGR App in a way that breaks the law.
  3. You will not share your HOGR User ID, account or password with anyone, and you must protect securely your HOGR User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your HOGR User ID and account.
  1. CONNECTING RESTAURANTS AND CUSTOMERS
  1. The HOGR App enables transactions on its platform between participating restaurants, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Restaurant Items") and its Customers. Customers can choose and place orders ("Orders") from a variety of Restaurant Items listed and offered for sale on the HOGR App. It is clarified that the these Customer Terms shall apply to all dine-in, delivery or takeaway Orders (as the context may permit). HOGR is a platform that connects those selling Restaurant Items (“Restaurant(s)”) and those looking to acquire such Restaurant Items.
  2. Before receiving the Restaurant Items from any Restaurant, Customers are responsible for making their own determinations that the Restaurant Items are suitable to their tastes, needs, dietary tolerances etc. HOGR is only responsible for connecting Restaurants and Customers and can’t and won’t be responsible for making sure that Restaurant Items are up to a certain standard of quality.  HOGR similarly, can’t and won’t be responsible for ensuring that information (including credentials) which a Restaurant may provide about itself or about the Restaurant Items, is accurate or up-to-date. We do not control the actions of any Restaurant, and the Restaurants are not our employees.
  3. HOGR does not directly offer the Restaurant Items. You hereby acknowledge that HOGR App does not supervise, direct, control or monitor the Restaurant Items and expressly disclaims any responsibility and liability for the Restaurant Items, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
  1. ORDER BOOKING
  1. The HOGR App enables Customers to search and discover restaurants, read and write reviews, view and upload photos / videos, place Orders for dining-in / delivery / takeaway, make payments and avail discounts / offers. In addition to the above, the HOGR App enables its Customers to place and Order and upon acceptance of such Order by the respective Restaurant, HOGR will, subject to the terms and conditions set out herein, facilitate a delivery of the Restaurant Items either directly or through its Third Party Delivery Partners (“TPDP”).
  2. HOGR does not own, sell, resell on its own the Restaurants Items, and/or does not control the Restaurants or any other related services provided in connection thereof. The Customer understands that any order that he/she places and/or any payments made directly through the HOGR App shall be subject to the terms and conditions as set out in these Customer Terms read along with the Restaurant Terms of Use, including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Restaurants and TPDP’s.
  3. Discounts/Deals/Promotions/Offers: Collectively referred to as (“Offer”) shall be subject to the specific terms provided for each Offer, along with following terms and conditions:
    1. For all dine-in Offer(s), Customers are required to be present at the Restaurant while availing such Offer.
    2. Any Offer extended through the HOGR App, shall be valid irrespective of the number of people seated on the table.
    3. The Restaurant shall not receive any commission for any failed/refunded transaction using any of the Offer.
  4. Loyalty Points: HOGR may offer its users loyalty points may also be referred to as HOGR Coins going forward in various forms for their regular and continuous use of the HOGR App. The loyalty points may be provided for performing certain activities on the HOGR App, which shall include but not be limited to the following
    1. Certain pre-set various actions or activities, such as uploading video recommendations and static image recommendations of dishes and restaurants.
    2. Games, campaigns, contests etc.,
    3. Making payments through the HOGR App,
    4. Referring to friends and family.
  5. HOGR reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of loyalty points, including the number of such loyalty points received in proportion to a Customer’s activities. Further, HOGR reserves the right to disqualify any Customer, who does not meet an offer’s requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any loyalty points. HOGR also reserves the right to discontinue or change or issue any new form of loyalty points offered at any time, at its sole discretion. HOGR may also at its discretion specify an expiry period for the loyalty points.
  6. As a general rule, all Orders placed on the HOGR App and subsequent delivery services are treated as confirmed. However, upon a Customer’s successful completion of placing an Order, we may call the Customer on the mobile number provided by them to confirm certain details of the placed Order, such as the delivery location, price, no. of items, and estimated delivery time for each Order. For this purpose, Customers will be required to share certain information with us, including but not limited to a Customer’s (i) first and last name (ii) mobile number (iii) email address and (iv) location/delivery address. It shall be the Customer’s sole responsibility to bring any incorrect details to our attention.
  7. In addition to the foregoing, we may also contact you by phone and / or email to inform and/or confirm any change in the Order, due to availability or unavailability of certain Restaurant Items. We may also contact you by phone and / or email to inform you of any change in the Order or change in price of any item in the Order as informed to us by the Restaurant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that HOGR App reserves the right to not process the Customer's Order in the event Customer is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order.
  1. PAYMENTS
  1. All payments made against the Orders on the HOGR App shall be compulsorily in Indian Rupees as acceptable in the Republic of India. The HOGR App will not facilitate transactions with respect to any other form of currency with respect to the Orders placed for Restaurant Items on the HOGR App. You can pay by (i) credit card or debit card or Unified Payments Interface or net banking; (ii) any other Resrve Bank of India (“RBI”) approved payment method at the time of placing an Order; or (iii) cash at the time of delivery (“Approved Payment Method”); (iv) redeem HOGR Coins or Loyalty points. You understand, accept and agree that the payment facility provided by HOGR App is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the HOGR App using the existing authorized banking infrastructure and/or existing credit card / debit card payment gateway networks. Further, by providing a payment facility on the HOGR App we neither act as trustees nor act in a fiduciary capacity with respect to the transaction or the transaction price.
  2. Customers acknowledge and agree that the HOGR App acts as the Restaurant’s and TPDP’s payment agent for the limited purpose of accepting payments from Customers on behalf of the Restaurants or TPDP, as the case may be. Upon your payment to us, which are due to the Restaurant or TPDP, your payment obligation to the Restaurant or TPDP for such amounts is completed, and we are responsible for remitting such amounts to the Restaurant or TPDP. You shall not, under any circumstances whatsoever, make any payment directly to the Restaurant for Orders or to the TPDP for delivery of the Order.
  3. In connection with a Customer’s Order, he/she may be asked to provide customary billing information such as name, billing address and credit card / debit card information either to us or a third-party payment processor. The Customer agrees to pay for the Order placed through the HOGR App, in accordance with these Customer Terms, using the thid-party payment processor as provided on the HOGR App. Customer hereby authorizes the collection of such amounts by charging the credit card / debit card / net banking account information provided as part of requesting the Order, either directly by us or indirectly or via a third-party payment processor or by one of the payment methods described on the HOGR App. If a Customer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third-party's services and that third-party's personal information collection practices. Please review the terms and conditions and privacy policy before using the third-party’s payment processor services.

The final tax invoice shall be issued by us to you along with the Order and HOGR App shall collect the payment on behalf of the Restaurant and/or TPDP. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the tax invoice are being charged and determined by the Restaurant and TPDP. HOGR holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Restaurant and the TPDP.

  1. The prices reflected on the HOGR App, including packaging or handling charges, are determined solely by the Restaurant and are listed based on information provided by the Restaurants. Very rarely, prices may change at the time of placing Order due to Restaurant changing the menu price without due intimation and such change of price is at the sole discretion of the Restaurant attributing to various factors beyond our control.
  2. HOGR Coins Redemption
    1. Minimum Order Value (Excluding Tax):
      The user will only be eligible to redeem HOGR Coins if the order meets the minimum value requirement, which varies from restaurant to restaurant.
    2. Minimum Payable Amount (Excluding Tax)
      The user can redeem HOGR Coins only if the payable amount is equivalent to or exceeds the minimum payable amount. This threshold is determined by each restaurant.
    3. Minimum HOGR Coins for Redemption
      Users must have a minimum of 10,000 HOGR Coins(Rs100) in their account to redeem. Redemption of coins below this threshold is not permitted.
    4. Redemption Charge
      A redemption charge will be applied when HOGR Coins are redeemed. The charge varies based on the restaurant's policy.
    5. Monthly Redemption Limit
      Users can redeem HOGR Coins at a specific restaurant a maximum of three times per month. .
    6. Coin Award Based on Video Length
      The HOGR Coins awarded for video recommendations are dependent on the length of the video. Longer videos get 2000 HOGR Coins, while shorter videos will be rewarded with 200 HOGR Coins depending on the length of the video.
    7. Coins Earned on Redeemed Amount
      When HOGR Coins are used to pay a portion of the bill, the user will receive only 1X HOGR Coins on the amount paid. .


      These terms are subject to change based on updates from HOGR or its partner restaurants. Users are encouraged to review the terms regularly.
  1. CANCELLATIONS AND REFUNDS
  1. Customer Cancellation:

As a general rule, Customer shall not be entitled to cancel an Order once placed. 

If Customer cancels his/her Order, HOGR shall have a right to collect a penalty of 100% of the Order amount for breach of the contract terms as a compensation for the damages suffered by HOGR App, with a right to either (i) not refund the Order value in case Customer’s Order is prepaid, (ii) recover from the Customer’s subsequent Order in case his/her Order is postpaid, to compensate the Restaurants and TPDP’s, or (iii) not deliver the Order once cancelled as per the methods set out below.

  1. Cancellation:

The Customer confirms and understands that cancellation of an Order placed via the HOGR App while dining-in at the Restaurant shall be dealt with as per the cancellation policy of such Restaurant. For instance: in case an Order is pre-paid for a certain Restaurant Item, and the Order is cancelled due to non-availability of such Restaurant Item, the same shall be dealt with as per the terms of Restaurant cancellation policy.

In case of delivery of Orders, HOGR reserves the right to collect a penalty for the Orders constrained to be cancelled by HOGR for reasons not attributable to HOGR, including but not limited to:

  1. in the event the address provided by a Customer is either wrong or falls outside the delivery zone;
  2. failure to contact Customer by phone or email at the time of delivering the Order;
  3. failure to deliver Customer Order due to lack of information, direction or authorization from Customer at the time of delivery;
  4. unavailability of all or some of the items ordered by the Customer at the time of booking the Order;
  5. However, in the unlikely event of an item in an Order being unavailable, HOGR will strive to contact the Customer on the phone number provided to us at the time of placing the Order and inform Customer of such unavailability. In such an event Customer will be entitled to place an Order for an alternative item or shall be entitled for a refund for that specific item.

In case of cancellations for reasons attributable to HOGR App or the Restaurant or TPDP, HOGR shall not collect any penalty from the Customer. HOGR’s decision on cancellations (whether or not attributable to the Customer, HOGR, Restaurant or TPDP) shall be final and binding on all Users.

  1. Refunds:

Customers shall be eligible for a refund subject to the following conditions. HOGR has the right to retain the penalty payable by the Customer from the amount refundable to him/her. The Customer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Customer refuses to accept at the time of delivery for the following reasons;

  1. Customer may be entitled to a refund upto 100% of the Order value if TPDP fails to deliver the Order due to a cause attributable to either TPDP or HOGR, however such refunds will be assessed on a case to case basis by HOGR.
  2. HOGR’s decision on refunds shall be final and binding.
  3. All refund amounts shall be credited to Customer’s account as per the payment mechanism decided by HOGR (Not including cash).

In case of payment at the time of delivery, Customer will not be required to pay for:

Provided the same is communicated to us through the HOGR App within 15 (Fifteen) minutes of the Order being marked as delivered. Such refunds will be assessed on a case to case basis by HOGR. The Customer may also be required to provide such evidence (including but not limited to photos, videos or a description of the issue) as may be required by HOGR to assess each case in it’s entirety.

  1. TRANSMISSION OF INFORMATION
  1. Location Data created during use of our services: HOGR may collect precise or approximate location data from Customers’ and TPDPs’ mobile devices when the HOGR App is running in the foreground (app open and on-screen) or background (app open but not on-screen). HOGR collects such data from the time an Order is placed and until the TPDP has successfully delivered an Order, and any time the HOGR App is running in the foreground. In the event a Customer has disabled collection of location data from their mobile devices, it may affect certain features in the HOGR App and also the services. This data is used for purposes such as delivery of Orders, tracking Orders, receipt generation, customer support and fraud detection. For more information on how the data collected is treated/handled by HOGR, please refer to the Privacy Policy in Clause 2 of these Customer Terms.
  2. As part of the services being provided by HOGR, you may receive communications through the messages that HOGR App sends (for example, via email or WhatsApp or SMS or internet based instant messaging services). By signing up to HOGR App and providing us with your number, you confirm that HOGR App may send you information which may include messages / offers using automated technology to message you on the number you provided, and you agree and consent to receive communications on behalf of HOGR, including marketing messages, and you confirm that each person you register on the HOGR App or for whom you provide a phone number has consented to receive communications from us. 
  1. RESTRICTIONS ON USAGE OF SERVICES
  1. You represent, warrant, and agree that you will not provide, share, post, edit any Content or User Submission (each of those terms is defined below) or otherwise use the HOGR App or interact with the HOGR App in a manner that:
  1. infringes or violates the intellectual property rights or any other rights of any third-party (including HOGR);
  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by HOGR;
  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. jeopardizes the security of your HOGR User ID, account or anyone else’s (for instance, allowing someone else to log in to HOGR App as you);
  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. runs Mail-list, Listserv, or any form of auto-responder or “spam” on the HOGR App, or any processes that run or are activated while you are not logged into the HOGR App, or that otherwise interferes with the proper working of the HOGR App (including by placing an unreasonable load on the HOGR App infrastructure);
  8. Uses “crawls,” “scrapes,” or “spiders” on any page, data, or portion of or relating to the HOGR App (through use of manual or automated means);
  9. Makes copies or stores any significant portion of the content;
  10. reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the HOGR App.
  1. A violation of any of the foregoing is grounds for termination of your right to use or access the HOGR App immediately without cause. HOGR’s decision on termination on the grounds mentioned above shall be final and binding on all users.
  1. RESTAURANT TERMS OF SERVICE

All Restaurants are subject to the Restaurant Terms and Conditions, available here

  1. INTELLECTUAL PROPERTY
  1. The materials displayed or performed or made available on or through HOGR, including, but not limited to, text, audio, ringtones, melodies, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”). HOGR, its services, the Content, features and functionalities (excluding User Submissions) are and will remain the exclusive property of HOGR and / or its licensors, if applicable. HOGR and its Content is protected by copyright, trademark, and other intellectual property laws of India. HOGR’s trademarks and trade dress shall not be used by any User in connection with any product or service without the prior written consent of HOGR.  

  1. Subject to the license granted to a User, as provided in Clause 10 of these Customer Terms, all intellectual property rights are reserved with HOGR. The User shall not:

  1. sell, rent or sub-license material from the Content;
  2. You won’t modify, publish, transmit, participate in the transfer any of the Content.
  3. reproduce, duplicate, copy or otherwise exploit material from our Content;
  4. edit, reverse engineer or otherwise modify our Content in any manner;
  5. create derivative works based on, or otherwise exploit any Content of or on the HOGR App;
  6. redistribute material from our Content without express written consent from HOGR; or
  7. broadcast or otherwise show any material from our Content to the public.
  1. HOGR hereby grants you the limited and revocable right to access, view the Content only for the purpose of using the HOGR App and accessing the services. Any rights not expressly granted to you herein are reserved to HOGR. The right granted under this clause shall be a non-exclusive, non-sublicensable and non-transferable license. HOGR may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

  1. USER SUBMISSIONS AND LICENSE
  1. User Submissions

Anything you post, upload, share, store, or otherwise provide through the HOGR App is your (“User Submission”). Some User Submissions may be viewable by other users, for instance: reviews about a Restaurant or on a Restaurant Item. You are solely responsible for all User Submissions you contribute on the HOGR App. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with these Customer Terms and applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the HOGR App any User Submissions that: (i) infringe any third party's copyrights or other intellectual property rights (e.g., trademark, design rights, privacy rights, etc.); (ii) contain sexually explicit content or pornography or explicit content; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) is exploitative to or for or of minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, or any other dubious money-making ventures; or (viii) that violate any law.

  1. Licenses

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions and is your personally identifiable information.

By submitting User Submissions through the HOGR App, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, display, perform, and otherwise fully exploit the User Submissions in connection with the HOGR App, including without limitation for promoting and redistributing part or all (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your HOGR User ID or usage of the HOGR App. You also hereby grant each user of the HOGR App a non-exclusive, perpetual license to access your User Submissions through HOGR App (or any other media channel) to use, share, broadcast, distribute or display such User Submissions, including after your termination of your HOGR User ID or the HOGR App. For clarity, the foregoing license granted to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the HOGR App allow you to share information with others, including through your social networks or other third-party channels. When Content or User Submissions are authorized for sharing, we will clearly identify the Content or User Submissions you are authorized to redistribute and the ways in which you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the HOGR App with others through any third-party channels, such as your social networks, you automatically authorize HOGR to share that information with the applicable third-party medium. Please review the policies of any third-party medium you share information with or through for additional information about how they may use your information. If you redistribute Content or User Submissions, you must be able to edit or delete any Content or User Submissions that you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that HOGR, in performing the required technical steps to provide the services to our Users, may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

  1. RESPONSIBILITY
  1. Any information or User Submissions or Content publicly posted or privately transmitted through the HOGR App is the sole responsibility of the person from whom such User Submissions or Content originated, and you access all such information and Content at your own risk, further, we aren’t liable for any errors or omissions in the User Submissions or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the User Submissions or Content or what actions you may take as a result of having been exposed to the User Submissions or Content, and you hereby release us from all liability for having acquired or not acquired User Submissions or Content through the HOGR App. We can’t guarantee the identity of any users with whom you interact in using the HOGR App and are not responsible for which users gain access to the HOGR App.
  2. You are responsible for all User Submissions you contribute, in any manner, on the HOGR App, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
  3. The HOGR App may contain links or connections to third-party websites or services that are not owned or controlled by us. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that HOGR is not responsible for such risks.
  4. HOGR has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the HOGR App. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the HOGR App and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the HOGR App, you indemnify and hold us harmless towards any and all liability arising out of your usage of any third-party website or service.
  5. If there is a dispute amongst Users on this HOGR App, or between Users and any third party, you agree that HOGR is under no obligation to become involved. In the event that you have a dispute with one or more other Users or with a Restaurant, you agree to release HOGR, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
  1. CHANGE OF SERVICES
  1. We’re always trying to improve the HOGR App, so it may change over time. We may suspend or discontinue any part of the HOGR App, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the HOGR App.
  2. We reserve the right to remove any User Submissions or Content from the HOGR App at any time, for any reason or no reason, considered to be objectionable, in violation of these Customer Terms or otherwise harmful to our services or our Customers (including, but not limited to, if someone alleges you contributed that User Submissions or Content in violation of these Customer Terms), in our sole discretion, and without notice. Subject to the requirements of applicable law, we are not obligated to return any of your User Submissions or Content to you under any circumstances. Further, we reserve the right to delete any images, audio, or video forming a part of the User Submission / Content, from such Restaurant's listing page at our sole discretion.
  1. COST
  1. The HOGR App services are currently free to use subject to the prices and fees listed for any Restaurant Items, but we reserve the right to charge for certain or all of the services/features in the future. We will notify you before any services/features are being monetized for a fee, and if you wish to continue using the HOGR App, you must pay all applicable fees for such services/features.
  1. OPTING OUT
  1. You’re free to do that at any time by contacting us at support@hogr.in; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using the HOGR App.
  2. HOGR is also free to terminate (or suspend access to) your use of the services or your account for any reason in our discretion, including your breach of these Customer Terms. HOGR has the sole right to decide whether you are in violation of any of the restrictions set forth in these Customer Terms; for example, a Customer who believes that a Restaurant may be in breach of these Terms is not able to enforce these Customer Terms against that Restaurant.
  3. Account termination may result in destruction of any User Submissions or Content associated with your account, so keep that in mind before you decide to terminate your account.
  4. If you have deleted your account by mistake, contact us immediately at support@hogr.in we will try to help, but we cannot promise that we can recover or restore anything.
  1. MOBILE APPLICATIONS

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Play Store from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree to before downloading mobile applications from such store. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Customer Terms, the more restrictive terms and conditions shall apply.

  1. DISCLAIMER
  1. Warranty Disclaimer: HOGR and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (HOGR and all such parties together, the “HOGR App Parties”) make no representations or warranties concerning the HOGR App, including without limitation regarding any Content contained in or accessed through the HOGR App, and the HOGR App Parties will not be held responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the HOGR App or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or use of, or in any way related to your participation in, the HOGR App. The HOGR App Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the HOGR App, including any Restaurant Items. The HOGR App and Content are provided by HOGR App. (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the HOGR App will be uninterrupted or error-free.
  2. Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the HOGR App Parties be liable to you or to any other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, (b) any substitute goods, services or technology, (c) any amount, in the aggregate, in excess of Rs. 1,000 or (d) any matter beyond our reasonable control.
  3. Indemnity: You agree to indemnify and hold the HOGR App Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the HOGR App or any User Submission (including any actions taken by a third party using your account), and (b) your violation of these Customer Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
  4. Assignment: You shall not assign, delegate or transfer these rights or obligations hereunder, or your HOGR App account, in any way (by operation of law or otherwise) without HOGR's prior written approval. We may transfer, assign, or delegate these Customer Terms and our rights and obligations without consent.
  5. Governing Law and Dispute Resolution: In the event of any claim, dispute, difference or question between the parties arising out of or in connection with or in relation to these Customer Terms (“Dispute”), the parties shall first endeavour to settle such Dispute amicably by mutual discussion in good faith. If the parties fail to resolve the Dispute by such mutual discussion within 30 (Thirty) days of its occurrence, then the Dispute shall be referred to and resolved through a sole Arbitrator mutually appointed by the parties. The Arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the award of the Arbitrator shall be final and binding upon both the Parties. The seat and venue for such Arbitration proceedings shall be Bangalore and shall be conducted in the English language. Subject to the foregoing, the courts at Bangalore alone shall have exclusive jurisdiction to entertain any Dispute arising out of these Customer Terms. These Customer Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India.
  6. Miscellaneous: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Customer Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Customer Terms shall otherwise remain in full force and effect and enforceable. You agree that these Customer Terms are the complete and exclusive statements of the mutual understanding between you and us, and that these Customer Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Customer Terms.

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