Bitevize Terms of Use

Disclaimer

This document is an electronic record and published in accordance with the provisions of the Information Technology Act, 2000 and the rules thereunder and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and generated by a computer system and does not require any physical or digital signatures.

1. Introduction

Welcome to Bitevize.com. These Terms of Use ("Terms") govern your access to and use of the “Bitevize” mobile application ("App"), services, and our website ie. www. Bitevize.com (collectively referred to as the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms.

The website www.Bitevize.com (“Website”) (Website referred to as the “Platform or Service”) is owned, operated and managed by the Tinayant Technologies Pvt Ltd, a private limited company incorporated in accordance with the provisions of the Indian Companies Act, 2013 and having its registered office situated at Khandwa, Madhya Pradesh.

2. Acceptance of Terms

By accessing or using the Services, you affirm that you are of legal age to enter into this agreement and agree to comply with these Terms. If you do not agree with these Terms, please do not use the Services. Your acceptance to these Terms and other Bitevize policies (including ‘‘Privacy Policy’’) as posted on the Platform and amended from time to time, which takes effect on the date on which You use the Platform and thereby create a legally binding agreement to abide by the same. Further, by furnishing your personal information, You consent to Bitevize accessing your personal information for the purpose of enabling transactions.

3. Eligibility to Use

To use certain features of the Services, you may need to create an account. You agree to provide accurate, complete, and up-to-date information when creating your account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You shall not make negative, defamatory, misleading, deceptive, or libelous remark about Us or any of our brand, including Bitevize and its agnates and cognates, on the Platform or otherwise, do any act that could harm Bitevize's reputation or dilute its trademarks and goodwill. You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up- to-date, Bitevize reserves the right to refuse any and all the services, if Bitevize has reasonable grounds to believe that such information is untrue, inaccurate, or incomplete, devoid of any merit. Bitevize reserves the right to refuse access to the Platform at any time without notice.

Confidentiality of the Account credentials shall be Your responsibility. Bitevize disclaims any liability for losses due to unauthorised access of Your account due to any scenario whatsoever.

4. Eligibility to Use

You agree to use the Services in compliance with all applicable laws and regulations. You will not use the Services for any unlawful purpose, including but not limited to:

• Engaging in fraudulent or illegal activities
• Violating any intellectual property rights
• Distributing malicious software
• infringes any patent, trademark, copyright, or other proprietary rights
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States
• You agree that the Platform or any portion of the Platform shall not be reproduced, duplicated, copied, sold, resold, reverse engineered , or otherwise exploited for commercial purposes.
5. Food Ordering Services

The Services connect users with restaurants and food delivery partners. Bitevize acts as a platform for facilitating the connection, and any agreement to purchase food and delivery is between you. Your end customers and the restaurant, café partners or delivery partner.

You acknowledge that the Platform allows You to avail a personal, limited, non-exclusive, non-transferable, and revocable privilege to access and use the Platform for the ordering variety of cuisines nd making food available to you (“travel agents and all your fliers or customers) (collectively, “Product(s) )

The Services such as platform services, handling of Products, last mile delivery services including late night delivery and any other services are provided with purchase of Products only at a fee as may be charged additionally. You agree and consent to pay for the carry bag purchased in an order since, the Products can be delivered without a carry bag and purchasing the carry bag is not compulsory for the User.

The registered businesses may be required to furnish additional details of their business including without limitation, business name, GSTIN, licenses/registrations issued by Government Authorities and/ or any other information that may be required by Bitevize. User shall be responsible for the accuracy of the GSTIN and legal entity name. Bitevize disclaims any liabilities arising out of incorrect details

6. Payments

All payments made through the Website are processed through a third-party payment processor. You agree to provide accurate payment information and authorize the payment processor to charge your account Services. You acknowledge and agree that Bitevize may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. Such Parties are separate to Bitevize and You will be subject to their terms and conditions while making any payment for the Products and services.

Bitevize is not liable for any payments that do not complete a transaction due to reasons including but not limited to following:

1. Insufficient funds in Your bank account ;
2. You have not provided correct Payment Details ;
3. Technical issues or interruptions in the Platform or payment processing systems.
4. Violation of any terms or conditions governing the use of Your Payment Details.
5. Fraudulent activity or unauthorized use of Your Payment Details.
6. Your payment card has expired;
7. Any other reason for declining of payment transaction or
8. Any other circumstances beyond Bitevize’s reasonable control which prevent the execution of the transaction

Bitevize shall not be responsible or obligated to refund any money in any condition to You for any unauthorised transactions conducted on the Platform using Your Payment Details.

You can use Bitevize Gift Cards for the purchases on the Platform, by redeeming the value contained in such Gift Cards at the time of payment for the purchase of eligible Products or services only on the Platform. Gift Cards are subject to additional terms and conditions pertaining to their use and redemption and You agree and consent to abide by the same. And can be cancelled anytime by Bitevize without entertaining any demur or protest from You.

7. Fees and Charges

You are responsible for paying any applicable delivery fees, service fees, or additional charges related to Services. The prices listed on the App/Website may vary depending on the restaurant and the location.

The prices for Products and services listed by Sellers on the Platform are determined entirely by the Sellers themselves and Bitevize does not participate in or influence this pricing process in any manner.

The prices of each of the Products and services may vary due to various factors and You may check the price on the Platform before placing an order. By placing an order You agree to pay the prices mentioned therein. All the Products listed on the Platform will be sold INR or AED or any local and acceptable currency of the jurisdiction in which Services are required or unless otherwise specified.

Bitevize will generally charge 10% commission on price of Services, However this may change on sole determination of Bitevize.

The Users will be informed about all the charges, fees, and costs (including delivery fee) that may be levied on the purchase of the Products or services on the Platform at the checkout page during a transaction

8. Cancellation and Refund Policy

You may cancel your order before it accepted. However, once the order is accepted, cancellations may not be possible , Also in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services. Such orders are liable to be cancelled without a refund.

In case of issues with your order (e.g., wrong food or late delivery), you may reach out to our customer care support and follow instructions of refund.

There may be cases where Bitevize is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Bitevize, Restaurant Partner or Delivery Partner. In such cases, Bitevize shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.

Your order shall be liable to be cancelled, if it does not meet certain standards of that particular jurisdiction.

9. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review the Privacy Policy to understand our practices regarding your data.

10. Intellectual Property Rights

The trademarks, logos and service marks displayed on the Platform are the licensed property of Bitevize or owned by third party service providers. You are not permitted to use the logo or trademarks without the prior consent of Bitevize or the relevant third party service provider respectively. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other mark in any manner.

Where Platform contains links to other sites provided by third parties, these links are provided for information only. We have no visibility or control over the contents on or available through those sites and You acknowledge and agree that We have no liability for any such content.

Bitevize does not provide, control or endorse any third- party information, products or services in any manner whatsoever, even if such third-party information, products or services are advertised or provided on our Website.

11. Termination

We reserve the right to suspend or terminate your access to the Services at any time, without notice, for violations of these Terms or any other behavior deemed inappropriate.

12. Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Bitevize, service providers, its officers, directors, consultants, agents, representatives and employees; and its third party partners (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Notice, Your violation of applicable laws, or Your violation of any rights of third parties, including any intellectual property rights.

To the fullest extent permitted by law, Bitevize, its affiliates, and partners are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Services, including but not limited to delays, errors, or issues with Services.

The Services are provided by Bitevize on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Bitevize makes no warranty that the Platform or services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free.

Not withstanding anything contained herein maximum liability of Bitevize shall be limited to INR 500 only under any circumstance.

13. Dispute Resolution

In case of any disputes, you agree to resolve them amicably or through binding arbitration, rather than through courts in first place. By using the Services, you waive your right to participate in a class-action lawsuit.

14. Modification of Terms

We may modify these Terms at any time. You will be notified of significant changes, and continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

15. MISCELLANEOUS

The relationship of the Parties to each other is intended to be that of independent contractors and shall not be interpreted to constitute an agency, employment, partnership or joint venture.

Neither Party shall be liable for any failure to perform its obligations under this Agreement to the extent prevented from doing so by a cause or causes beyond its control ("Force Majeure”). Without limiting the generality of the foregoing, such Force Majeure causes include acts of God, fires, floods, storms, earthquakes, riots, acts of terrorism, wars or pandemic, governmental restrictions, other cause or causes which could not with reasonable diligence be controlled or prevented by such Party. Notwithstanding anything stated herein, an economic difficulty to perform shall not be deemed to be Force Majeure.

Bitevize can assign, sell, transfer, delegate or otherwise dispose of, by operation of law or otherwise, this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the other Party.

16. Governing Law

These Terms will be governed by the laws of India , without regard to its conflict of law principles. All disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bhopal, M.P India.

17. Contact Information and Grievance Redressal Mechanism

For questions or concerns regarding these Terms, please contact us at:

alerts@bitevize.com

+91 94 244 111 66

Bombay Bazar, Ramganj Ward, Khandwa, Khandwa, Madhya Pradesh, 450001

If You still have any grievances, or complaints or concerns with respect to the Platform or Services and are not satisfied with the resolution, You can contact the designated Grievance Officer of Bitevize as per the below details:

Zainulabedin Wagh

ceo@bitevize

+91 9172313114

Bombay Bazar, Ramganj Ward, Khandwa, Khandwa, Madhya Pradesh, 450001