Thank you for visiting our website, www.thirdwavecoffeeroasters.com (“Website”) and downloading our mobile application, Third Wave (“App”) owned and proprietary to Heisetasse Beverages Private Limited (“Third Wave”, We", "Us “and "Our").
Please read the following terms and conditions (“Terms and Conditions” or “Terms”) carefully. These Terms set forth the rules and regulations applicable while browsing the website and using the App. You can learn about the Services (defined herein) from the App dashboard and use our Services through the App (the Website and the Application may hereinafter be collectively referred to as "Platform"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Third Wave for products, services, or otherwise.
For the purpose of these Terms, wherever the context so requires “Yourself”, “Your”, “You” or “User” shall mean any natural or legal person who browses or uses the Platform or has agreed to register on the Platform and/or avail the Services provided thereon.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Platform Usage
1.1 The operation of the Platform consists of 4 (four) key components namely (i) Third Wave Coffee Roasters Loyalty Program; (ii) User food and/or beverage subscriptions (iii) User uploading posts on the Platform (“Content”) (iv) Socialization amongst Users through the App while visiting Third Wave Café outlets (each, a Service, and collectively the “Services”). In order to avail in the Third Wave loyalty program, you will need to register for an account (“Account”). You agree to (a) create only one Account; (b) provide accurate, truthful , current and complete information when creating your Account; (c) maintain and promptly update your Account information; (d) maintain the security of your Account by not sharing your one-time password with others and restricting access to your Account and your computer; (e) promptly notify Third Wave management if you discover or otherwise suspect any security breaches relating to the Platform; and (f) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
2. Acceptance of Terms
2.1 These Terms set forth a legally binding contract between Us, and You, the User. By using the Platform, You agree to be bound by all the Terms stated herein. If You do not accept these Terms, You must not use the Platform.
2.2 In consideration of Your use of the Platform and the functionalities available on the Platform, You agree:
(a)To provide true, accurate, current and complete information about Yourself in compliance with Section 4 of these Terms and Conditions;
(b) That Third Wave is not responsible to ensure that You conform to the eligibility criteria and have the legal rights to use all the features and functionalities on the Platform; and
(c) That We are not responsible for any consequences that arise as a result of Your misuse of the Platform or any of Our Services.
2.3 If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information provided is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your Account (defined below) and refuse to grant You any further permission to access any and all further use of the Platform.
3. Third Wave Coffee Roasters Loyalty Program
Third Wave permits You to register for and avail its loyalty program through the App. These Terms & Conditions pertaining to such loyalty programs are set forth herein. The Third Wave loyalty program endeavours to reward customers for patronizing Third Wave Coffee Roasters services and products at Third Wave outlets stores.
3.1 For every purchase made by You from Third Wave, You shall earn points in the Your Account which shall be redeemable at the subsequent purchases, subject to your production your user ID at the time of making the purchase. These points may be redeemed by You in subsequent purchases or payments made at Third Wave. By creating an Account, activating and registering, you will be automatically enrolled in the Third Wave loyalty program. On downloading the App, You may also be given a referral code which shall entitle you for further offers or discounts in the event You refer the App to a third party.
3.2 Special Occasion Offer: Your complimentary birthday drink will be automatically loaded onto your Account on the 1st day of your birthday month and will be available to you till the last day of your birthday month. This offer shall expire after the last day of your birthday month. You must present Your designated code in the App to the store partner at the Third Wave outlet in order to receive your complimentary birthday drink.
3.3 Personalized offers and coupons: Special offers may be circulated to You by email or through the App. You must opt-in to receive promotional and marketing offers from Third Wave and provide a valid email, contact number and postal address in order to receive your special offers. Special offers may be customized based on purchase behaviours and preferences. Special offers may include periodic discounts on beverages, bonus points on purchases etc. Special offers may have certain restrictions including expiry dates and short time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to present your offer code to the store partner in order to redeem special offers. Read each offer carefully for specific details, limitations and restrictions.
4.1 In consideration of Your use of our Platform, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under any law in force in India or other applicable jurisdiction.
5. Services of Third Wave
5.1 In these Terms and Conditions, the term Services as defined in Section 1 includes the Third Wave App being made available for the User, to subscribe to various range of beverages using the, interact amongst Users having similar interests, as viewers of Content or publishers of Content. The Services shall also include the revocable, limited, non-exclusive, non-transferable license to use the features of the Website and the App. The foregoing meaning, and scope of Services may be subject to change and the definition herein shall not in any way limit or restrict Our right to remove, modify or add features to the Platform.
5.2 You agree that any Services provided by Third Wave may be subject to change at the discretion of Third Wave and Third Wave may add, remove or modify offerings to its existing scope of Services on terms and conditions as Third Wave may deem fit. Such Services can be availed on the App and shall be subject to an amount as per the subscription model of Third Wave.
5.3 You agree that Third Wave may at any time and for any reason, terminate Your access to whole or part of the Platform, or restrict or suspend Your access to Your Account, for any or no reason, with or without prior notice, and without any liability to You.
If You post any Content on the Platform:5.4 You covenant that You will be solely responsible and liable for the Content You post and acknowledge that Third Wave does not check, review or edit any of the Content at the time You post it. Accordingly, You covenant to Third Wave that You: (i) have all rights, licenses, consents and releases that are necessary to grant to Third Wave the licenses to such Content, as contemplated under these Terms; and (ii) neither the Content nor Your posting, uploading, publication, submission, or transmitting of the Content on the Platform (or any portion thereof) will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law. You acknowledge that You are required to ensure and take responsibility for compliance with the mandates of applicable law in Your jurisdiction for the Content posted by You.
5.5 You specifically acknowledge that Third Wave shall neither be liable for the Content posted by You nor for the transaction You enter with the co-User as a result of posting such Content, including if such Content is defamatory, offensive, or illegal and You agree to be liable and make good the damages or risks that may arise from the Content You post on the Platform.
5.6 You shall not publish Content that is confidential, and Third Wave does not guarantee any confidentiality as regards the Content You post. All Content You understand that post on the Platform will be made available for public access and hence You shall use Your judgement and discretion before publishing any Content. You will have to ensure that you take steps to filter out any personally sensitive information before you post the Content on the Platform.
5.7 You understand that Third Wave does not endorse any of your Content and you will take sole responsibility for all the Content that You post on the Platform.
5.8 You undertake that you will not publish any Content that is in your unlawful possession or which would be unlawful to be published on the Platform.
5.9 If Third Wave is made aware of any violation of its internal scrutiny, suspects that You have violated these Terms and Conditions, Third Wave will without any notice terminate your access to the Platform and forfeit all your rights to access the Platform.
The above Terms apply to You without prejudice and in addition to all other terms contained in these Terms and Conditions, when You post Content on the Platform.
Terms Applicable to all Users generally:
All Users shall also be bound by the following general terms, conditions and restrictions: -
5.10 You shall neither alter or modify any of the Content of the co-User or the Platform or replicate or attempt to replicate the Platform using elements from the Platform;
5.11 You shall not circumvent or attempt to circumvent, disable or interfere with any security related features of the Platform or any functionalities that limit or restrict the copying, reverse engineering or impose other limitations on any Content;
5.12 You shall not collect or attempt to collect and compile personal data of other users of the Platform through the username and other details and commercially exploit or attempt to commercially gain from such information; or
5.13 The above terms shall be in addition to and without prejudice to the other terms contained in these Terms and Conditions.
6. Subscriber Account, Password and Security
6. 1 If You use the Platform and wish to avail Services by creating an Account, You may be required to submit Your phone number and/or email ID as a result of which one-time password shall be generated each time the User login which will be the only set of credentials basis which You will be granted access to the Platform and its Services. You are responsible for maintaining the confidentiality of Your one-time password and other credentials to access the Services.
6.2 You may access the Services (defined hereinafter) on the Platform only for Your personal use or for posting Content on the Platform for which You will not be entitled to any consideration for the Content You post. The Platform as a whole including logos, trademarks, website designs, features, functionalities and algorithms are owned exclusively by Third Wave but excludes Content published by a User. Upon logging into the Platform as a User, You will be entitled to place an order for the subscribed beverage, view Our Platform and the hosted Content or post as well as post Content and view profiles of co-Users. Once the period of the subscription expires, the User shall not be entitled for placing orders for beverages until renewal of such subscription.
6.3 The benefits of the Account can be availed through the earned points reflected in the App once the User visits any of the Third Wave outlet.
6.4 You are entirely responsible for maintaining the security and confidentiality of Your Account once You become a User. We will not be liable for any loss that You may incur because of someone else using Your Account, either with or without Your knowledge. You may be held liable for any losses incurred by Us or another party due to someone else using Your Account.
6.5 You agree and acknowledge that no simultaneous login shall be permitted by Third Wave for the usage of the Service. Third Wave reserves the right to refuse Services to such Users based on its own discretion.
6.6 An Account received is personal to You and You shall not transfer or share Your right to access the Services or further sell the Account or allow access to the subscription to any other person for consideration or otherwise.
6.7 All Content posted by you shall be owned by You. You grant Third Wave an absolute, sublicensable, perpetual, royalty free, worldwide license for the Content posted by You on the Platform.
6.8 You will get access to the Platform once You have successfully enrolled as a User. Third Wave disclaims all liability as regards the legality, authenticity, relevance or correctness of the Content posted by Users. You shall ensure that You do not share any sensitive personal data as per any law applicable to You.
6.9 All Users in general are advised to use their judgment with respect to the Content, since Users may be exposed to factually incorrect, outdated, inappropriate or misleading Content that maybe hosted by other Users who publish Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Third Wave with respect to any such Content.
7.1 Payments pertaining to the Services rendered on the Platform shall be made through any of the payment gateways available on the Platform. The payment shall be channelled through such payment gateway.
7.2 Third Wave does not charge on any connections made by the User or transaction entered into, enquiries made, or deal generated as a consequence of display of User’s Content.
7.3 Any payments made to Third Wave in respect of Services are non-refundable and there are no refunds or credits for partially used periods, except at the discretion of Third Wave.
7.4 Third Wave may at its discretion revise the amount payable in respect of the Services, and any Services that may be applicable to Users.
8. Prohibited Material
8.1 For the removal of doubt, You are also not permitted to do any act which is:
(a)in violation of any applicable law or regulation;
(b)in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of third-party;
(c)grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
(d)harmful to minors in any way;
(e)an impersonation of another person or entity;
(f)designed to interrupt, destroy, or limit the functionality of Third Wave’s systems or site or expose the Platform to viruses, crawlers or bugs;
(g)threatening to the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
(h)making available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation. Repeated postings of a promotional nature are considered abuse of the Platform.
8.2 If You become aware of misuse of the Platform by any person, please contact email@example.com
8.3 You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (a) continuously and automatically search, scrape, extract, deep link or index any Content of the Platform; (b) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, You agree to honour them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Third Wave server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.
8.4 You shall not either directly or through other third parties take, post, publish, transmit or otherwise make available any part of the Service on any other medium. Further, You undertake not to use, display, mirror or frame the Platform or any individual element within the Platform, unless this is expressly approved by Third Wave in writing.
8.5 You shall not copy or record or make any attempt to copy or record part or whole of the Services or use the Services for further distribution any mode so as to commercially benefit from the Services or engage in any form of piracy.
9. Termination or Suspension of Account
9.1 You agree that Third Wave may at any time and for any reason, terminate Your access to the Platform, or restrict or suspend Your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, we may suspend Your account immediately.
10.1 You acknowledge, consent and agree that Third Wave may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a)comply with legal process nationally or internationally;
(b)enforce this agreement;
(c)respond to claims that any material violates the rights of third parties;
(d)protect the rights, property or personal safety of Third Wave, its Users and the public; or
we may use Your information to reach You for marketing or promotional purposes through any channel.
11. Security Components
11.1 You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Third Wave. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Platform.
12. Proprietary Rights, Trademark, Copyright, and Restrictions
12. 1 All materials on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software, designs, images, information, button icons, audio files and any other elements (collectively, “Third Wave Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Third Wave. Third Wave shall have exclusive ownership over the Third Wave Content but excludes the Content published by any User. You acknowledge and agree that all Third Wave Content on the Platform is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Platform, no Third Wave Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Third Wave’s prior express written permission. You may not add, delete, distort, or otherwise modify the Third Wave Content. Any unauthorized attempt to modify any Third Wave Content, to defeat or circumvent any security features, or to utilize the Platform or any part of the Third Wave Content for any purpose other than its intended purposes is strictly prohibited.
12.2 The Platform are proprietary software developed and made available exclusively by Third Wave. Third Wave is the sole owner of the Platform, and all software created to make the Platform available to You. The license is specifically personal, non-transferable, and non-exclusive. All Third Wave Contents are the exclusive and sole property of Third Wave.
12.3 All icons and logos pertaining to the Platform are trademarks of and proprietary to Third Wave. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
12.4 All Third Wave Contents are the exclusive copyright of Third Wave or its licensors, except the third-party material and link to third-party apps or websites. Systematic retrieval of Third Wave Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Third Wave is prohibited. In addition, use of the Third Wave Content for any purpose not expressly permitted by Third Wave in these Terms is prohibited and may invite legal action.
12.5 All material on this Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such Third Wave Content in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Third Wave, modification of the Third Wave Content, use of the Third Wave Content on any other website, Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.
12.6 Third Wave respects the intellectual property of others. In case You feel that Your trademark or copyright has been infringed, You can write to us at firstname.lastname@example.org.
13. Terms and Termination
13.1 These Terms shall remain in full force and effect for so long as You use the Platform. You may delete Your account at any time, for any reason, by following the instructions on the Platform.
14.1 Third Wave does not make any representation, guarantee or commitment to You that the Services will be error free and be available at all times.
14. 2 Third Wave does not guarantee any level of viewership of the Content displayed or the results generated but shall report/notify such activities to the Users.
14.3 The Services are offered purely on “AS IS” basis. Third Wave only provides to you a license to the Platform and Third Wave expressly states that the Services are not intended to act as a Platform for any commercial activities between the Users.
14.4 Third Wave is not responsible for the conduct of any User on or off of the Service. You acknowledge and agree that it is Your responsibility to use caution in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person in the Third Wave outlet.
14.5 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THIRD WAVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THIRD WAVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
14.6 IN NO EVENT SHALL THIRD WAVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PLATFORM OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S DATA; (C) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM (D) YOUR USE OF THE CONTENT.
14.7 THIRD WAVE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THIRD WAVE’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OBTAINED THROUGH THE WEBSITE OR THE APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA.
14.8 Any information provided to You through the Platform, should not be treated as advertisement, promotion, an offer to sell or advice.
14.9 All Content on the Platform (including but not limited to software) are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Third Wave does not warrant that:
(a)Platform will be constantly available;
(b)The information made available through the Services on the Platform is complete, true or accurate; or
(c)The Content on the Platform has been curated or filtered at the time it is posted onto the Platform.
14.10 Third Wave is not responsible to You for any data that You lose either (a) as a result of accessing the Website/App, or (b) as a result of accessing part of the Service, or (c) otherwise during the course of holding an Account.
14.11 Third Wave will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Third Wave’s reasonable control.
14.12 Third Wave shall not be responsible for any claims that may arise as a direct or indirect consequence of any third-party placing reliance and acting upon the information obtained as part of the Services or Your advice to a third-party basis the Content on the Platform or any other Services offered through the Platform.
15. Exclusions and Limitations
15.1 Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.
16.1 You agree to defend, indemnify and hold harmless Third Wave, its directors, affiliates, subcontractors, officers, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
(a)Your use of and access to the Platform;
(b)the Content You publish on the Platform;
(c)Your violation of applicable law or guidelines applicable;
(d)Your misrepresentation as regards Your Eligibility to use the Platform or misrepresentation in Your responses to details requested at the time of registering onto the Platform;
(f)Your violation of any third-party right, including without limitation any copyright, property, or patient privacy or other moral and ethical right; or
(g)Claims for defamation made either by a third-party or You;
17. Additional Terms
17.1 We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions, offers or activities available through the Platform, to obtain certain premium Services through the Platform, or for other reasons. These additional terms are part of this agreement and shall be communicated to You from time to time. You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
17.2 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Platform (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third-party for any such modification, editing, deletion, suspension or discontinuance of the Platform.
17.3 You agree and acknowledge that the use of the Services offered by Third Wave is at Your sole risk and that Third Wave disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
17.4 Third Wave makes no representation or warranty that the Services will meet Your requirements. In all circumstances Third Wave’s liability is limited to the service fee paid by You for the Subscription.
17.5 If You have any complaint in respect of the Services, You must inform Third Wave of the same in writing within 24 (Twenty Four) hours of using the Services.
17.6 Third Wave shall not be liable for any conduct or behaviour or actions of any User or third parties.
17.7 Under no circumstances will the Platform be used to commit any acts which are immoral or unlawful in nature.
18.1 You may discontinue using the Services at any time. You may also delete Your account by writing to us at email@example.com. Deletion of Your Account will be effective once all outstanding credits to Your Account have been cleared. Please note, upon deletion of Your Account We may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.
19.1 These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Third Wave without restriction.
20. Integration Clause
21. Waiver and Severability of Terms
21.1 The failure of Third Wave to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
22. Governing Law and Jurisdiction
22.1 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.
23. Grievance Officer
23.1 In case of any grievance arising from the use of the Platform, please contact the Grievance Officer, the details of which are set forth below-
Grievance Officer: Sushant Goel