TERMS AND CONDITIONS
This Terms and Conditions 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.
This Terms and Conditions pertains to our website, www.thirdwavecoffeeroasters.com (“Website”) and our mobile application, Third Wave Coffee (“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/ using the Website and using the App (the Website and the Application may hereinafter be collectively referred to as "Platform"). You can learn about the Services (defined herein) from the App dashboard and our Website. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Third Wave for any other 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 and/ or has agreed to register on the Platform and/or avail the Services provided thereon.
1. Platform Usage
1.1 The operation of the Platform currently consists of the following key components namely: (i) a loyalty program; (ii) user food and/or beverage subscriptions; and (iii) café and Third Wave content and information (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.
1.3 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.
2. Acceptance of Terms
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 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 you are responsible for any consequences that arise as a result of Your misuse of the Platform or any of Our Services.
3. Services of Third Wave
3.1 The Services provided by Third Wave also include a revocable, limited, non-exclusive, non-transferable license to use the Platform. The 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.
3.2 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.
3.3 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 Third Wave.
4. Account, Password and Security
4.1 If You use the Platform and wish to avail Services by creating an Account, You may be required to submit your basic personal details along with Your phone number and/or email ID. You are responsible for maintaining the confidentiality of Your credentials to access the Services.
4.2 You may access the Services on the Platform only for Your personal use and/ or consumption. The Platform as a whole including logos, trademarks, website designs, features, functionalities and algorithms are owned exclusively by Third Wave.
4.3 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.
4.4 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.
4.5 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.
4.6 Any products and materials of Third Wave, and all Services are for your personal use and consumption, and they shall not be resold to anyone else.
4.7 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or mobile device) meets all the necessary technical specifications and is compatible with our Services to enable your access and use of the Services.
4.8 We reserve the right to block, suspend, disable or terminate any login identification or your Account with us, at any time, if in our opinion, you have failed to comply with any of the provisions of Third Wave’s Policies or if we have reasonable grounds to suspect that any information provided is untrue, inaccurate, not current or incomplete.
5.1 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.
5.2 Third Wave may at its discretion revise the amount payable in respect of the Services, and any Services that may be applicable to Users.
6. Prohibited Material
6.1 For the removal of doubt, You are also not permitted to do any act which is:
(a) in violation of any applicable laws;
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of third-party;
(c) 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) 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 an abuse of the Platform.
6.2 If You become aware of misuse of the Platform by any person, please contact email@example.com.
6.3 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.
6.4 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.
6.5 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.
7. Security Components
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.
8. Proprietary Rights, Trademark, Copyright, and Restrictions
8.1 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. 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.
8.2 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, including the source code, the designs, the content and all other material relating to the Platform. The license is specifically personal, non-transferable, and non-exclusive. All Third Wave Contents are the exclusive and sole property of Third Wave.
8.3 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.
8.4 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, the 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.
8.5 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.
8.6 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
8.7 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.
9. Terms and Termination
9.1 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.
10.1 Third Wave does not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant in any manner that the results that may be obtained from the use of the Services will be as per your requirements or expectations.
10.2 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.
10.3 The Services are offered purely on “AS IS” basis. Third Wave only provides 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.
10.4 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.
10.5 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THIRD WAVE DOES NOT CONDUCT ANY 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.
10.6 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.
10.7 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.
10.8 Any information provided to You through the Platform, should not be treated as advertisement, promotion, an offer to sell or advice.
10.9 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.
10.10 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.
10.11 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.
10.12 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.
11.1 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 breach or issues relating to:
(a) your use of and access to the Platform;
(b) any content you publish on the Platform;
(c) breach of any of the Policies by you, including these Terms;
(d) your violation of applicable law;
(e) 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;
12. Additional Terms
12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 Third Wave shall not be liable for any conduct or behaviour or actions of any other user or third parties.
12.6 Under no circumstances will the Platform be used to commit any acts which are immoral or unlawful in nature.
You may discontinue using the Services at any time. You may also delete Your account by writing to us at firstname.lastname@example.org. 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.
14. Other terms
14.1 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 any restriction.
14.2 These Terms together with the Policies and any other legal notices published by Third Wave on its Platform, shall constitute the entire agreement between You and Third Wave concerning its Platform and governs Your use of Our Platform and Service, superseding any prior agreements between You and Third Wave with respect to Our Platform and Service.
14.3 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.
14.4 If performance of any Services or obligations are prevented, restricted, delayed or interfered with by reason of a Force Majeure Event, then Third Wave shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Third Wave shall exercise all reasonable commercial efforts to otherwise continue to provide access to the Services hereunder. A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to a computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.
15. Updates to the Terms
15.1 We reserve the right to modify, amend, suspend, terminate or replace this Terms from time to time within our sole discretion. We will post any changes made to the Terms on the Platform without prior notice to you. Such changes will take effect immediately upon their posting on the Platform. If we make material changes to this Terms, we may notify you that it has been updated to enable you to review the materially-changed Terms.
15.2 We encourage you to review the Terms frequently. By your continued use of the Platform, you consent to the terms of the revised/ updated Terms.
16. Governing Law and Jurisdiction
16.1 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Bangalore.
17. Queries/ feedback/ grievances
17.1 In accordance with the legal requirements, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of this Terms and other Policies are published as under:
Grievance Officer Name: Sushant Goel
Email address: email@example.com
Phone number: 080-47108111
17.2 The Grievance Officer can be contacted between 10am to 5pm from Monday to Friday except on public holidays.
17.3 Further, if you have any queries or wish to provide any feedback or otherwise reach out to us, please contact us at firstname.lastname@example.org. We shall respond to and address all reasonable concerns or queries in a reasonable amount of time.