This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of http://liquiditybars.com website and Liquidity application for mobile and handheld devices.
Liquidity User Agreement:
This USER Agreement (the “Agreement”) constitutes a legally binding agreement between you (“User, “you”) and United Traders (“Liquidity”, “we” or “us”) that applies to your use of our website (the “Site”), mobile application (the “Application”), and/ or services (collectively, with our Sites and Applications, the “Services”) and the terms, conditions and policies referred herein contain the complete terms and conditions that apply to your use of our Services.
This USER Agreement (the “Agreement”) constitutes a legally binding agreement between you (“User, “you”) and United Traders (“Liquidity”, “we” or “us”) that applies to your use of our website (the “Site”), mobile application (the “Application”), and/ or services (collectively, with our Sites and Applications, the “Services”) and the terms, conditions and policies referred herein contain the complete terms and conditions that apply to your use of our Services.
By accessing or using the Services in any manner, including but not limited to by visiting the Site or by downloading, installing or using the Application or clicking “Accept” or “I agree” to this Agreement, you hereby expressly acknowledge that you have read and understood this Agreement and agree to be bound by the terms and conditions stated herein, and represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and abide by the terms and conditions of this Agreement, and not prohibited by law from accessing or using the Services, whether or not you are a registered user of the Services.
Liquidity enables transactions between participant restaurants/ merchants dealing in alcoholic beverages, food and other beverages and Users, by showing users real-time price fluctuations of the alcoholic beverages across participant restaurants/ merchants based on the demand of such alcoholic beverages. The Users can choose and place their order (the “Order”) by selecting from variety of products listed and offered for sale by various participant restaurants/ merchants using the Services.
Liquidity may update or revise this Agreement (including any policy of Liquidity) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “Accept” or “I agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Liquidity, any use of the Services is subject to the version of this Agreement in effect at the time of use. Your use of the Site after any amendment to the Agreement shall constitute your acceptance of the amended Agreement and you also agree to be bound by any such changes/revisions.
Eligibility: By using and accessing the Services, you represent and warrant that you have reached the eligible age as prescribed in your State or, if you are under the eligible age, that you are using the Services under the supervision of an adult who has reached the eligible age as prescribed in your State, in which case the adult is deemed as the user of the Services. The Services are offered only for your personal, non-commercial use, and not for the benefit of any third party. You may not authorize others to use your account nor may you assign or otherwise transfer your account to any other person or entity. When using the Services, you agree to comply with all applicable laws. Liquidity may, in its sole discretion, refuse to offer the Services to any person or entity or change the eligibility requirements for the Services at any time.
Account: You may access certain parts of the Services without creating an account. However to submit reservation requests to Participating Outlets and use the payment services, you must sign up for the Services by creating an account (an “Account”). When creating an Account, you agree to provide true, accurate, current, and complete data about yourself (“Account Information”). You also agree to promptly update your Account Information to keep it true, accurate, current, and complete if any of your information changes. Each user may only have one Account with Liquidity. Signing up for multiple Accounts, including by using the same phone number to create multiple Accounts, and/or your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit/debit card on file, may result in, without limitation, your inability to access and use the Services, the deactivation of your Account(s), and/or Liquidity’s termination of this Agreement with you, which may, among other things, result in the cancellation of any confirmed or pending reservations and loss of any promotions or credits associated with such Account(s), for which Liquidity will have no liability. You are solely responsible for maintaining the confidentiality of your Account and your Account Information, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You may never use another person’s Account or Account Information for or in connection with the Services without permission. You agree to immediately notify Liquidity of any unauthorized use of your Account or any other breach of security related to your use of the Services, as well as any change in your eligibility to use the Services.
Sharing of Personal Information:
Liquidity is designed to help you find the best of restaurants, pubs and nightlife around you and your city. In order to do this, Liquidity requires the use of such information including, but not limited to, your email, password and or other information that was used while Signing Up with the services. Liquidity offers Sign Up process with our own sign up system and other platforms such as Facebook, Twitter and Google+. Liquidity uses Facebook, Twitter and Google+ platforms as a medium for signing up only. The user data collected by Liquidity shall only be through the above mediums which will be provided by the intended user through their Facebook, Twitter or Google+ profile, no other data shall be collected/used by Liquidity apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook, Twitter and Google+ uses, stores and discloses your information is governed solely by its policies, and Liquidity bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
By Signing Up, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each sign up is for a single individual user only. To access these services, you will be asked to enter your individual e-mail address and password, as chosen by you during your signing up. Therefore, we do not permit any of the following :-
Any other person sharing your account and password;
Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Liquidity as users of the Site; or
Access through the Account and password being made available to multiple users on a network.
If Liquidity reasonably believes that an account and password is being used/misused in any manner, Liquidity shall reserve the right to cancel access rights immediately without notice and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Liquidity immediately of any unauthorised use of your Account or any other breach of security. Liquidity will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable to for losses incurred by Liquidity or another party due to someone else using your account or password.
Use of Account Data: We may use your personal information to provide the Services you request. However, to the extent we use your personal information to market to you, we will also provide you the ability to opt out of such uses. The personal information shall be used by us to resolve issues, troubleshoot problems, help/promote a safe service, measure consumer interest in our products and services, inform you about online and offline offers, products, services and updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our terms and conditions and as otherwise describe to you at the time of collection. In our efforts to continually improve our products and services, we collect and analyze demographic and profile date about our user’s activity on our Application. We may occasionally ask you to engage in factual or interaction based surveys. These surveys may ask you for some information around your interest and demographic information (like alcohol of choice, or preferred cuisines). The data so collected through surveys is solely to enhance your experience n the usage of the Services, providing you with content that we think you might be interested in and to display content according to your preferences. It is however clarified that filling in of such surveys is optional.
Text Messages from Liquidity: By providing us with your mobile phone number when you sign up for the Services and create an Account, you expressly agree to receive SMS and text messages from us relating to the Services. You may opt-out of receiving SMS text messages at any time by emailing us at resolve@liquiditybars.com. However, by opting-out of receiving text messages, we may have to temporarily suspend your account, during which time you will no longer be able to use the Services.
Charges: Liquidity reserves the right to charge subscription and/ or membership fees from a User, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Site.
Reservations: The feature of the Services is to assist you with placing your Order by selecting from variety of products listed and offered for sale and a reservation (“Reservation”) after placing your Order at participating third party restaurants (each, a “Participating Outlet”). You may book an Order and Reservation at a Participating Outlet only between 11.30AM and 11.30PM of any day (the “Booking Hours”), except the days when sale of alcohol is prohibited as per the respective State/ Central laws, rules, regulations or notifications. You shall be provided with real-time price fluctuations of the alcoholic beverages across Participating Restaurants based on the demand of such alcoholic beverages and users may opt to place their Orders on such price as shown in the App as well as include food and other items in their Order. The bill amount (the “Bill Amount”) shall include price of the alcoholic beverage as shown in the App, price of food or any other items ordered by you as well as any additional prime time service charges which may be charged by Participating Outlets. You shall make payment of the Bill Amount at the time of booking your Order and Reservation. Reservation containing the Order at a Participating Outlet may be made by you upto 3 (Three) days in advance during the Booking Hours only. The User may book an Order and Reservation either for himself, or for other persons after providing necessary information about such parties. The User shall indicate the number of guests the User intends to bring at the Participating Outlet, or the number of guests for whom the User is making an Order and Reservation and the User and/ or the persons for whom the Order and Reservation has been made by the User, will abide by such indicated number of guests. However, Liquidity may limit the number of guests commensurate with the Order placed by the User. When you request a Reservation at a Participating Outlet, the Reservation is not confirmed until you receive a confirmation on or through the Services. Once confirmed, you agree to honor the Reservation by arriving on time and by paying for your meal. You also agree not to book more than one Reservation for your personal use during any one meal time and agree that you will not resell or attempt to resell any Reservations made through the Services. You also agree that you shall not violate the age restrictions for consuming any alcoholic beverages imposed by respective State laws, rules, regulations or notifications and you shall produce a valid age proof before the Participating Outlet if demanded by such Participating Outlet. A Participating Outlet shall be entitled to refuse to serve any alcoholic beverages to you in case you have ordered for alcoholic beverages in violation of the said age restrictions. You also agree to consume any alcoholic beverages ordered by you within the premises of the Participating Outlet and not to carry or consume any such alcoholic beverages outside the premises of the Participating Outlet. The Participating Outlets may stipulate dress codes and gate policies and you agree to adhere to the applicable dress code or gate policy. You also agree that your order (“Order”) with your Reservation will not be allowed to be modified after you have placed your request for Reservation. If you require rescheduling of a confirmed Reservation, please email us at resolve@liquiditybars.com or use the Application. We will work with the Participating Outlet to reschedule as requested; however, please note that Participating Outlets cannot always accommodate rescheduling and all rescheduling requests are subject to availability and confirmation by the Participating Outlet and any rescheduling requested by you shall be charged a rescheduling fee (“Rescheduling Fee”). Your Reservation shall be allowed to be rescheduled only once and such reservation will not be allowed to be rescheduled any further or cancelled under any circumstances at all. By providing your e-mail address and mobile phone number during the account registration process, you are consenting to receive communications (including SMS text messages) from Liquidity at that e-mail address and mobile phone number, including but not limited to communications about reservation requests and rescheduling of reservations. In the event the Participating Outlet is unable to provide the product ordered by you, you shall be offered a suitable alternative at a similar or higher price. You may refuse to accept such alternative product offered, in which case, you shall be given a refund of the entire Bill Amount.
Cancellations and Missed Reservations: Once your Reservation is confirmed, however, the Participating Outlet is setting aside alcoholic beverages, food, and a table especially for you (if applicable) and you agree to honour the Reservation by arriving at the Participating Outlet on time. Although we understand that plans change, if you cannot honour a confirmed Reservation, you must cancel that Reservation through the Services within fifteen (15) minutes from the confirmation of your reservation. If you cancel a reservation afterwards with at least one (1) hour remaining before the start time, it will be considered as a late cancellation (“Late Cancellation”) and you shall be charged a fee of 25% of the Bill Amount for such Late Cancellation (“Late Cancellation Fee”), in our discretion. If you cancel a Reservation with one (1) hour but not more than 30 (Thirty) minutes remaining until your start time, it will be considered as a Late Cancellation and you shall be charged a Late Cancellation Fee of 50% of the Bill Amount for such Late Cancellation, in our discretion. If you do not cancel your reservation thirty (30) minutes before the start time and/ or fail to arrive at the restaurant, we may consider that a missed reservation (“Missed Reservation”) and may charge a fee of the entire Bill Amount for such Missed Reservation (“Missed Reservation Fee”), in our discretion. Late Cancellation Fee and Missed Reservation Fee shall not include the applicable taxes paid towards the Bill Amount, and amount paid towards applicable taxes by you shall be refunded. Late Cancellations and Missed Reservations may be associated with your Account. To maintain a high level of service for all Liquidity Users and Participating Outlets, Accounts with multiple Late Cancellations and/or Missed Reservations may be deactivated. If you believe that a Late Cancellation and/or Missed Reservation has been erroneously associated with your Account, you may dispute it by contacting us at resolve@liquiditybars.com. You agree that all final determinations regarding Late Cancellations and Missed Reservations, including with respect to any fees charged for the same, will be made by Liquidity in its sole discretion. Liquidity passes on part of all Late Cancellation Fees and Missed Reservation Fees it charges to the affected Participating Outlet to help defray costs. Please note that some Participating Outlets may have Additional Prime Time Service charges which will be viewable on the Services before you request a reservation. Please also note that unless otherwise stated, we (and any Participating Outlet at which you have made a reservation with through the Services) reserve the right to cancel your reservation if you do not check in within fifteen (15) minutes after your reservation time.
Payment
Payment Method: In order to use the Services, you must provide information for at least one valid credit or debit card (“Payment Method”) when you create your Account. We link your Payment Method to your Account, but it is stored by our third party payment processors (Liquidity does not store your Payment Method information itself). If you provide information for more than one credit and/or debt card, the information for the card you provided first will be considered your default Payment Method unless you change that setting in the Payment section of the Application. You may add, edit, and/or delete (as applicable) your Payment Method information at any time under the Payment section in the Application so long as you have at least one valid Payment Method linked to your Account at all times. By providing your Payment Method, you represent, warrant and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from such debit and/or credit card accounts; and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card accounts or applicable law. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third party vendors and service providers to process payments, manage and store your credit and/or debit card information, as well as to detect and prevent fraud.
Payment Authorisation and Settlement: When you use the Services to submit a Reservation request to a Participating Outlet, you are agreeing to pay for the following through the Services if your Reservation is confirmed and you authorize us, through our third party payment processors, to charge your default Payment Method for the full payment of Bill Amount, which will include tip based on your preset Tip percentage, any applicable taxes, surcharges or fees, and may include adjustments for any errors or omissions. You acknowledge that by using the Services you are agreeing to pay the full amount of the Bill Amount; no partial payments, use of gift cards or use of coupons are permitted. When you use the Services and a Late Cancellation and/or Missed Reservation is attributed to your Account, you agree to pay any Late Cancellation Fees and Missed Reservation Fees that Liquidity may charge you and you expressly authorize us, to charge your Account for the full amount of such fees at the time they are incurred. Except to the extent otherwise required by applicable law, Liquidity is not responsible or liable for (1) any payments authorized through the Application using your Payment Method information, or (2) for any errors made by our payment processor related to the Bill Amount. We reserve the right to correct any errors or mistakes made by our third party payment processor, even if payment has already been requested or charged to your Payment Method. The processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processors, in addition to this Agreement. The terms of your payment will be based on your Payment Method and may be affected and determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through our payment processors, do not receive payment from you, you agree to pay all amounts due to us upon demand.
Receipts and Transaction History: Upon completion of payments processed through the Services, we will e-mail you an itemised receipt to the e-mail address associated with your Account. You may print and save copies of these itemised receipts.
Limitations: You acknowledge and agree that Liquidity provides payment services only as a convenience and is not a party to your payment transactions performed using the Services. Liquidity is an independent contractor for all purposes and is not your agent or trustee. Liquidity is not responsible, and has no liability for, the products or services that are paid for through the Services. Liquidity is not liable for any payments through the Services that do not complete because: (1) your debit or credit card does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of your debit or credit card account; (2) you have not provided us with correct credit or debit card information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences beyond the control of Liquidity) prevent the execution of the transaction. In the event any amounts owed cannot be collected from your debit or credit card account through the Services, Liquidity reserves its right to cancel your Reservation.
Promotions and Credit: Liquidity may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to our Services or services provided by Participating Outlets or other third parties, subject to terms that Liquidity establishes, including without limitation, on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, including, without limitation, between accounts, or made available to the general public, unless expressly permitted by Liquidity; (iii) may be disabled by Liquidity at any time for any reason without liability to Liquidity; (iv) may only be used pursuant to the specific terms that Liquidity establishes for such Promo Code(s); (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to suspend your Account withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
Referral Policy: Personal invite links may only be used for personal and non-commercial purposes. You can share your invite link with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is prohibited. Promoting your referral code via Search Engine Marketing (e.g., Yahoo, Google) is also prohibited. The referee must dine through Liquidity within 3 months of applying the referral code for both parties to receive the promo value. After 3 months, the promotion may no longer apply. We reserve the right to suspend your Account and/or revoke any and all referral credits at any time if we feel they were earned inappropriately.
Feedback from Participating Outlets: After you complete a dining experience with a Participating Outlet through the Services, that Participating Outlet will have an opportunity to provide feedback about you as a diner through the Services that will be stored on the Services (“Participating Outlet Feedback”). Participating Outlet Feedback is intended to further enhance the experience of both users and Participating Outlets by, for example, allowing Participating Outlets to keep track of your likes and dislikes for the next time you visit a Participating Outlet through the Services. Participating Outlet Feedback is generally only visible to Participating Outlets after you make a Reservation with those Participating Outlets. For additional information about how your information is shared with or viewable by Participating Outlets, please see our Privacy Policy.
Location Services: The Services may use GPS locator capabilities to identify your current location and may allow you to customize your experience based on your current location (“Location Services”). For example, you may be able to view Participating Outlets on a map from within the Services and view your location in relation to those Participating Outlets. For information about how we collect and use location information, please see our Privacy Policy.
Liquidity is a Platform: The Services act as a platform to connect Participating Outlets with diners seeking to make a reservation. By using the Services, you acknowledge that you understand and agree that we do not employ, control, recommend, or endorse any Participating Outlets or make any representations about the quality or legality of the services provided by such Participating Outlets or your potential experiences with such Participating Outlets. Although we may choose to intervene or attempt to resolve a dispute, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the Participating Outlets.
Termination of Account: Liquidity reserves its right to (a) refuse Service, (b) restrict, suspend, or terminate your account; (c) terminate this Agreement; (d) terminate or suspend your access to the Site; (e)refuse, move or remove for any reason any content/ image that you submit on or through the Services; (f) refuse, move, or remove any content/ image that is available on or through the Services; (g) establish general practices and limits concerning use of the Services at any time and, (h) remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause and with or without any prior notice for any violation of the Agreement.
Service Rules: Without limiting any of the terms and conditions stated herein, as a condition of your use of the Services, you agree that: (a) you will only use the Services for lawful purposes or for sending or storing any unlawful material or for fraudulent purposes; (b) you will not use the Services for any purpose that is prohibited by this Agreement; (c) you are responsible for all of your activity in connection with the Services; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network; (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Application or other content without written permission from Reserve; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will not attempt to bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (j) you will not run any form of auto-responder or “spam” on the Services, use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, or harvest or scrape any Content from the Services; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (l) you will provide us with whatever proof of identity we may reasonably request; (m) you will only use an access point or 3G/ 4G data account (“Access Point”) which you are authorized to use; and (n) you are aware that when requesting reservations, you will receive SMS text messages.
User Conduct and Obligations: You hereby agree and assure Liquidity that the Site or Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other laws. You further concur that you will not, through Site/ Application/ Service:
post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
not use the Site / Application / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Liquidity's server, or the network(s), computer systems / resource connected to any Liquidity's server, or interfere with any other party's use and enjoyment of the Site/ Application/ Service;
btain or attempt to obtain any materials or information through any means not intentionally made available through the Site/ Application/ Service;
engage in any activity that causes/ may harm minors; or
perform any activity which is likely to cause such harm;
impersonate any person or entity, including, but not limited to, Liquidity’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
take any action which encourages or consists of any threat of harm of any kind to any person or property;
carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
use the Site/ Application/ Service for illegal purposes;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to Liquidity’s Site or Application.
transmit through the Site or Application, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", duplicative messages or any other form of solicitation.
Content Licenses
Licenses Granted by User: We may, in our sole discretion, allow you to add, submit, post, upload, publish, transmit, share and/or distribute User Content (defined below) to or through the Services or Application. “User Content” is all content you create, add, submit, post, upload, publish, transmit, share and/or distribute to or through the Services or Application, including without limitation, text, graphics, images, photographs music, audio, video, information, reviews, ratings, and other materials. By making available any User Content on or through the Services or Application, you hereby grant to Liquidity (and its successors and assigns) a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, edit, truncate, aggregate, reproduce, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of, and otherwise fully exploit such User Content in connection with the Services, Application, and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (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 Account or the Services. You also hereby do and shall grant each user of the Services, including Participating Outlets, a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement, including after your termination of your Account or the Services. Liquidity does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Application, whether publicly posted or privately transmitted, and you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or Application or you have all rights, licenses, consents and releases that are necessary to grant to Liquidity and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Liquidity’s use of the User Content (or any portion thereof) on, through or by means of the Services or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In addition, you agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (f) contains any information or content that is illegal; (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current.
Licenses Granted by Liquidity: The Services may contain content specifically provided or otherwise made available on or through the Services or Application by us or third parties, including without limitation data, software, scripts, text, graphics, images, photographs music, audio, video, information, reviews, ratings, feedback, interactive features, User Content, Participating Outlet Feedback, and other materials (collectively, “Liquidity’s Content”). You acknowledge that all or some of Liquidity’s Content may be protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights and laws and you agree to abide by and maintain all copyright notices, information, and restrictions contained in any Liquidity’s Content accessed through the Services. Subject to your compliance with the terms and conditions of this Agreement and your compliance therewith, Liquidity grants you a limited, nonexclusive, non-transferable license: (i) to view, download and print any Liquidity’s Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes, each as permitted by the features of the Service. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Application or Liquidity’s Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Liquidity or its licensors, except for the licenses and rights expressly granted in this Agreement. We do not guarantee that any Reserve Content will be made available on the Site or Application or otherwise through the Services. We cannot and do not review or verify every submission made through our Services. Participating Outlet Feedback, reviews and ratings made by users Reviews, and other third-party provided information to the Services do not represent the opinions or endorsements of Reserve. We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any Liquidity’s Content in our sole discretion, at any time, without notice to you and for any reason, including without limitation, upon receipt of claims or allegations from third parties or authorities relating to such Liquidity’s Content, and to removed or block any Liquidity’s Content from the Services.
Application License: Subject to the terms and conditions set forth in this Agreement, Liquidity grants you a limited non-exclusive, non-transferable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use of the Services. Liquidity reserves all rights in and to the Application not expressly granted to you under this Agreement. To use the Application, you must have a mobile device or computer that is compatible with the Application. We do not warrant that the Application will be compatible with your mobile device or computer. You may use mobile data in connection with the Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (i) modify, disassemble, decompile or reverse engineer the Application,; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (c) make any copies of the Application; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (e) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and Liquidity or its third party partners or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Modifications to the Services: Liquidity reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site or Application, including with respect to Participating Outlets. Reserve shall have no liability to you for any of the foregoing actions. If you object to any such changes or modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services.
Links to Third Party Websites: The Services may contain links to other websites on the Internet operated by third parties not affiliated with Liquidity. Such links are provided for users’ reference only and Liquidity does not control such third parties or websites and is not responsible or liable for their content, services, functions, accuracy, legality, appropriateness or any other aspect of such websites. When you access such websites, you do so at your own risk. The inclusion of any such link does not imply Liquidity’s endorsement of the material on such websites or any association between Liquidity and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Intellectual Property Ownership: Liquidity alone shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by Liquidity. Liquidity’s name, the Liquidity logo, and the product names associated with the Application and Services are trademarks of Liquidity or third parties, and no right or license is granted to use them.
Liquidity’s Liability: All commercial/contractual terms are offered by and agreed to between Users and Participating Outlets alone. The commercial/contractual terms include without limitation price, taxes, payment terms, date, period and mode of Reservation and Order. Liquidity does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and Participating Outlets. Liquidity may, however, offer support services to Participating Outlets in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Participating Outlets. Participating Outlets are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Participating Outlet or from any product or service of any Participating Outlet. You hereby release Liquidity from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under any law of any jurisdiction with respect to the release of any unknown or unsuspected claims you may have against the Liquidity pertaining to the subject matter of this Section.
Arbitration: These Terms are governed by and will be construed under the laws of India. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Kolkata, West Bengal, in English and in accordance with the Arbitration and Conciliation Act, 1996. Each party to this Agreement hereby (i) irrevocably consents to the arbitration in the Kolkata, West Bengal, for the resolution of such disputes; and (ii) irrevocably waives any objection that it may now or hereafter have to the venue of any such action or proceeding in such arbitration panel or to the convenience of conducting or pursuing any action or proceeding in any such arbitration. Further, unless both you and Liquidity otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
Miscellaneous
Assignments: You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder without written consent from Liquidity. We may transfer, assign, or delegate this Agreement and any of our rights and obligations without consent.
Entire Agreement: This Agreement comprises the entire Agreement between you and Liquidity and supersedes all prior or contemporaneous, negotiations, discussions, understandings, or agreements, whether written or oral agreements, between the parties relating to the subject matter of this Agreement.
Severability: If any term or provision of this Agreement is held to be unenforceable or invalid, that provision shall be struck or limited, to the minimum extent necessary, and the remaining terms and provisions shall remain in full force and effect and be enforceable to the fullest extent allowed by law.
No Agency: No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Liquidity in any respect whatsoever.
Headings: The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
No Waiver: The failure of Liquidity to exercise, in any way, any right hereunder shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by Liquidity in writing.
Notices: Liquidity may give you notice by means of a general notice on or through the Services, electronic mail to your email address on record for your Account, or by written communication to your address on record for your Account. Notice may be given by you to liquidity by electronic mail to our email address or by written communication to the following address: Liquidity , 9/2 A Topsia Road (South) Kolkata 700046 West Bengal, India
Force Majeure: Liquidity shall have no liability to you for any interruption or delay, to access the Site or Application or Services irrespective of the cause.
Indian Law: The Agreement shall be governed by the Laws of India. The Courts of law at Kolkata shall have exclusive jurisdiction over any disputes arising under this agreement.
Right to remove inappropriate messages: Liquidity reserves the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
General Terms: Rights and obligations under the Agreement which by their nature should survive will remain in full effect after termination or expiration of the Agreement.
