This End User License Agreement (“EULA”) governs your use of the mobile based application, website, software, their associated upgrades, patches, and updates and related services (the “Interface”) currently provided or which will be provided by OY Chef Private Limited, and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes mobile based application, website and may include content and data, printed materials, or electronic documentation in connection with your use of OY Chef Interface, which will be defined below (collectively referred to as “OY Chef").
This EULA sets out the basis on which Interface is available to you (“User” or ”You”) and on which basis you may access it and use.
OY Chef reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
OY Chef (or its licensors) grants you a non-exclusive, non-transferable, non-sublicensed, non-commercial, and personal license to install and / or use the application for such time until either You or OY Chef terminates this EULA. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Application on certain hardware.
You shall not, directly, or indirectly remove, alter, disable, or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this application and any copy of adaptation in violation of any applicable laws or regulations.
While using the Application, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern your use of the application (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by OY Chef. In all cases, You may only use the Application according to anticipated use of the Application.
Without limiting OY Chef’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Application any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Application, or their accessibility to other users, or the functioning of the partner networks of the Application, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Application, and/or organise, participate in or be involved in any way in an attack on OY Chef’s servers and/or the Application and/or those of its service providers and partners;
d. create, supply, or use alternative methods of using the Applications, for example server emulators;
e. harassing or threatening any other users in the Application;
f. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of OY Chef’s personnel;
g. falsely claim to be an employee or representative of OY CHEF or its partners and/or agents;
h. falsely claim an endorsement in connection with the Application or with OY CHEF.
All title, ownership rights and intellectual property rights in and to the Application (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Interface either individually or in combination) and any and all copies thereof are owned by OY Chef or its licensors. The Application is protected by national and international laws, copyright treaties and conventions and other laws. This Application may contain certain licensed materials, and, in that event, OY Chef’s licensors may protect their rights in the event of any violation of this Agreement. Any re-application or representation of these licensed materials in any way and for any reason is prohibited without OY Chef’s prior permission and, if applicable, OY Chef’s licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by OY CHEF.
This License confers no title or ownership in the Interface and should not be construed as a sale of any rights in the Application.
You shall not, and shall not enable or permit others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not transfer this EULA or the rights to any third party.
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Application/Interface. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablets, computers, and personal digital assistants (PDAs).
When You are using the Interface, the Application may monitor your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Application. In the event that the Application detects such an unauthorized third party program, information may be communicated back to OY Chef, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Application detects the use of an unauthorized third party program, this License and Your access to the Application may be terminated with or without additional notice to You.
However, please note that OY Chef is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Application. Such communications are the sole responsibility of the user in question.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE APPLICATION IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. OY CHEF’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. OY CHEF DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE APPLICATION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE APPLICATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL OY CHEF, OY CHEF’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE APPLICATION OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH OY CHEF OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE APPLICATION; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES.
NOTHING IN THIS SECTION SHALL AFFECT OY CHEF’S LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION, OY CHEF’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
You are solely responsible for any damage caused to OY Chef, its licensors, channel partners and associated service providers and subcontractors, other users of the application or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED OY CHEF AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE APPLICATION. OY CHEF reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify OY CHEF. The provisions of this Section 7 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date You download or use the Application, until terminated according to its terms. You and OY Chef (or its licensors) may terminate this EULA, at any time, for any reason. Termination by OY Chef will be effective upon (a) notice to You or (b) termination of Your Account (if any) or (c) at the time of OY Chef’s decision to discontinue offering and/or supporting the Application. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Application and destroy all copies of the Application in Your possession.
OY Chef reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Application or on oychef.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer agree or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Application and destroy all copies of the Application. Your continued use of the Application following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
OY Chef may modify the Application for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and / or resets to improve and / or optimize the Application. You agree that the Application may install or download the modifications automatically. You agree that OY Chef may stop to support previous versions of the Application upon availability of an updated version. OY Chef’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Application. OY Chef also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Application.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect OY Chef’s initial intentions.
No failure or delay by OY Chef (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a statement to this effect by OY Chef or by the User through proper interface.
All the parties hereby undertake to use good faith and efforts to mutually settle all disputes arising under this agreement. Failing settlement, all disputes including without limitation to claims of breach of contract, fraud in inducement and negligence shall be finally settled in accordance with the rules of conciliation and arbitration under the Arbitration and Conciliation Act, 1996. The Arbitration shall take place in Hyderabad, India and Parties hereby agree to exclude any right of application or appeal to the courts in connection with any question of law arising in the course of reference or out of the award
For any question concerning this EULA, you may contact OY CHEF at the following address: email@example.com