Terms and Conditions, Privacy Policy And Refund Policy
Last Updated: 28-10-2024
Definitions:
“We,” “Our,” “Us” means DIOSAP PRIVATE LIMITED
“PARTY,” “You,” “Your” means any person or entity who has created an account on our website (diosap.com) and/or purchased any of our services.
“Visitor” means any person who accesses or browses our website, whether or not they create an account or purchase services.
Interpretation:
When a clause applies to both Visitor and PARTY, we may use the phrase “You or Visitor,” “You and Visitor,” or refer to “all users” or “users”. We may also use pronouns such as “they” or “them” or “their.” In such cases, the clause shall be interpreted as applying to both Visitor and PARTY. ‘PARTY website’ or ‘PARTY white-labeled website’ or ‘white-labeled’ website means white-labeled website that we give as Our SaaS to PARTY.
Continuing Applicability: These Terms & Conditions, Privacy Policy, and Refund Policy also act as the Service Agreement between DIOSAP PRIVATE LIMITED (“We”) and the PARTY (as defined above). This Service Agreement will continue to govern all future interactions, transactions, and engagements between DIOSAP PRIVATE LIMITED and the PARTY, including any reinstatement or reactivation of services following a suspension or termination, unless and until a new Service Agreement (including any updated Terms & Conditions, Privacy Policy, or Refund Policy) is published and takes effect.
By making any payment for our services, the PARTY acknowledges and agrees that these Terms & Conditions, Privacy Policy, and Refund Policy continue to act as the Service Agreement — including in cases of re-activation after a previous termination — until such time that updated terms are published.
For Visitors, these Terms & Conditions, Privacy Policy, and Refund Policy apply only to the extent relevant to their use of the website (such as browsing, accessing content, or interacting with features).
Privacy Policy:
- Introduction
DIOSAP PRIVATE LIMITED is committed to protecting the privacy of both the PARTY and Visitors who access our website. This Privacy Policy outlines how we collect, use, disclose, and safeguard information related to both PARTY and Visitors when they visit our website or use our services.
- Information We Collect
- Information we collect: We may collect personal details such as name, email address, IP address, and other information provided when a PARTY or Visitor registers, places an order, submits a form, or interacts with our website.
- Order Information: We may collect Your information related to orders placed through the this website including order details, payment information, and delivery address in case of delivery.
- Technical Information: We may collect PARTY and Visitor information such as IP addresses, browser types, and usage data to improve our services and enhance user experience.
- Cookies
- If PARTY or Visitor leave a comment on our site they may opt-in to saving their name, email address and website in cookies. These cookies may last for one more years.
- If PARTY or Visitor visit our login page, we may set a temporary cookie to determine if your browser accepts cookies. This cookie may contains no personal data and is discarded when you close your browser.
- When PARTY or Visitor log in, we may also set up several cookies to save their login information and their screen display choices. Login cookies may last for two days or more, and screen options cookies may last for a year or more. If they select “Remember Me”, they may be logged in till they logged out. If they log out of their account, the login cookies may be removed.
- If they edit or publish an article, an additional cookie may be saved in their browser. This cookie may includes no personal data and may simply indicates the post ID of the article they just edited. It may expires after 1 day.
- Comments: When they leave comments on the site we may collect the data shown in the comments form, and also their IP address and browser user agent string to help spam detection.
- An anonymised string created from their email address (also called a hash) may be provided to the Gravatar service to see if they are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of their comment, their profile picture may be visible to the public in the context of their comment.
- Other information: This site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if they has visited the other website, These websites may collect data about them, use cookies, embed additional third-party tracking, and monitor their interactions with that embedded content, including tracking their interaction with the embedded content if they have an account and are logged in to that account or website.
- For all users that register on our website (if any), we may also store the personal information they provide in their user profile or while during account creation. PARTY can change their password at any time ( cannot change username and email). Website administrators can also see and edit that information.
- When PARTY purchase from us, we may ask PARTY to provide information including name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username. We’ll use this information for purposes, such as, to Send you information about your account and order, Respond to your requests, including refunds and complaints, Process payments and prevent fraud, Set up your account for our service, Comply with any legal obligations we have, such as calculating taxes and Improve our service offerings.
- How We Use Your Information
- To Provide Services: We may use the collected data to offer and improve our services, including processing orders, managing accounts, and providing customer support.
- Marketing: We may use PARTY or Visitor contact information to send you promotional content, updates, or newsletters or emails if you have opted to receive them, we may also send them to PARTY when it is required even though they are not opted for it.
- Security: We may use data of all users such as IP addresses and login attempts to ensure the security of our platforms and prevent fraudulent activities.
- Others: users comments may be checked through an automated spam detection service
- Sharing Information
- Information such as Different accounts login details and those accounts data may be shared by PARTY with us and we may use them on behalf of PARTY for the purpose of providing our service to the PARTY.
- Third-Party Service Providers: We may share information with third-party providers to assist with services such as payment processing, data hosting, and email delivery. These providers are obligated to protect your data and use it solely for the intended purpose.
- We utilizes third-party plugins to enhance website functionality. We does not claim ownership of such third-party software and we are not liable for any bugs, security vulnerabilities, or disruptions caused by these plugins. but for best security practices we give social sign by google option during registration and login. it is all users responsibility to use two factor authentication for their google accounts to keep their account secure.
- Data Security
We may implement a variety of security measures to maintain the safety of your personal information. However, please note that no method of transmission over the internet or method of electronic storage is 100% secure.
- Your Rights
All users have the right to request to delete your information & account. You may also opt out of receiving marketing communications from us at any time.
- Data Retention
We may retain all users personal information for as long as their account is active or as needed to provide you with services. Order data may be cleared every year. And also their account may be deleted if they are not logged in for about 6 months.
- Contact Us
If they have any questions or concerns about this Privacy Policy, or any other matter please contact us from contact page of this website.
- Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We may notify you of any changes by updating the “Last Updated” date at the top of this page.
Terms & Conditions:
Introduction:
by using this diosap.com website all users are accepting their respective terms and conditions mentioned below
1. Disclaimer
- It is PARTY responsibility to declare its business terms & conditions, privacy policy, refund policy to its customers, once the terms and conditions content is given by ‘PARTY’ to us then we will include those in the white-labeled website given to the ‘PARTY’.
2. Order related
- It is ‘PARTY’ responsibility to process the order and complete the order and ‘PARTY’ is responsible for any order related thing in its white-labeled website. ‘We’ are not responsible for any order related things.
- PARTY orders in our website may expire after few days so it is party responsibility to download order information or take screen shot of order information or download the invoice of the order.
- orders by customers of PARTY in its white labeled website, here also order information may expire after few days and it may get deleted from database so it is the PARTY responsibility to download all orders information regularly.
3. Delivery:
- If PARTY provide food delivery service to its customers then PARTY should clearly mention their condition regarding delivery in PARTY white-labeled website. We are not responsible for this.
4. Disclaimer-2
- Image Disclaimer:
- The images displayed on PARTY website are for reference purposes only and may not reflect the actual items served. PARTY should provide actual images of items to ‘Us” so that ‘We’ will upload them to the PARTY website. It is also PARTY responsibility to provide content and any description to ‘Us” about their items. ‘We’ are not responsible for any wrong information about the items displayed in the ‘PARTY’ website.
DIOSAP PRIVATE LIMITED may provide stock food/item images to the PARTY for use on PARTY white-labeled website. These images remain the property of DIOSAP PRIVATE LIMITED and are licensed only for use on the white-labeled websites given to PARTY. PARTY may not reuse, redistribute, or claim ownership of these images.
- Food Responsibility:
- PARTY is responsible for Displaying Correct images of food items to its customers but ‘We’ are not responsible for that, ‘We’ are just a digital service provider. However, the images of the food items are provided by ‘Us’ if the ‘PARTY’ has not given the actual food item images to ‘Us’, and these images provided by ‘Us’ are for reference purpose only and sometimes images may be wrong also, so ‘We’ are not responsible for That Wrong images. ‘We’ are also not responsible for the taste, quantity, quality of the food items ordered by customers of PARTY and also any kind of mistakes or fraud or cheating done by the PARTY to its customers.
5. Payment
- ‘We’ are not responsible for any issues caused by payment gateway failures or any other transactions related issues, PARTY have to contact or create a support ticket to its payment gateway to resolve its transaction problem.
- ‘We’ only help the PARTY to create its payment gateway account if they don’t have one while we provide ‘Our’ service to PARTY. PARTY should be aware of Payment Gateway terms and conditions before connecting it to its labeled-website.
- even though you pay full amount of invoice to ‘Us” through ‘Our’ website for the service that we provide to you, if TDS Deposit is applicable on your invoice for the current financial year under Sec. 194J, You should deposit TDS @ 10% on invoice toatal(excl. TAX) for this and any previous invoices (if not already deposited) against ‘Our’ PAN AALCD7498P, and email Form 16A to tdsin@diosap.com . We will reimburse the TDS amount after verification.
DIOSAP PRIVATE LIMITED provides white-labeled website services only. All payments made through white-labeled website are collected directly by PARTY only. DIOSAP PRIVATE LIMITED does not operate as an e-commerce operator for the PARTY.
- PARTY is aware of that its Payment gateway connected to PARTY website collects transactional charges from the PARTY on each transaction.’we’ are not collecting any transactional charges from you it is your payment gateway account and payment gateway charges. ‘We’ also use our payment gateway for collecting money for our services from our website so user of this website should are aware and obeys the privacy policy and terms and condition of payment gateway that is being used for this website, before ordering any service on our website go through payment gateway terms and conditions and its privacy policy.
6. Account Management
- Account Inactivity: In PARTY website, Accounts that are inactive for six months may get deleted, once the account is deleted all the data related to it will be deleted.
- Password Reset: PARTY can request a password reset through forgot password form, and a new password instructions will be sent to their registered email. ‘We’ are not responsible in the matter of password changing or reset password it is the PARTY duty to change password regularly for safety of their account.
- Account Deletion & Service Renew: If customers of PARTY request to delete account then PARTY should inform to ‘Us’ regarding such customers through email then ‘We’ will delete account of customers of PARTY who requested for the account deletion.
- PARTY can also request to delete its own account in ‘Our’ website, an email has to be sent by PARTY to ‘Us’ for this purpose.
When account is deleted for the PARTY It is PARTY responsibility to download all invoices, credit notes of all orders from ‘Our’ website, and also Invoices, credit notes of its customers from its white-labeled website. ‘We’ also provides the list of customer’s emails from white-labeled website and loyalty points of that emails, you will only get the above mentioned data and wont get white-labeled website that ‘We’ have given to you because White-labeled website and its structure and design and backend coding is ‘Our’ property, The account deletion can happen when you requested for deletion or account deletion may happen when ‘Our’ services to you is Disconnected or terminated.
When the Renew amount is not paid for white-labeled website service before 5th of every month then you will be put into status of service expired and PARTY and its customers are restricted from using PARTY website till the renew of it happens. if renew is not happened before 10th of that month your service status will be set to disconnected. once your are disconnected you need to pay both setup fee and renew fee to reactivate the white-labeled website service. once disconnected The setup of this PART website service will take few days, its not a quick service.
7. Tips
Tips to servers and chefs of PARTY are directly paid to chefs and server’s bank accounts through Google Pay or Phone Pay QR codes. It’s totally customers of PARTY wish to voluntarily pay the tip or not, ‘We’ are not responsible for any issue in this matter.
8. Data Collection
‘We’ may collect certain data, including date, time, page URL, user IP, name, and email of all users of ‘Our’ website to improve ‘Our” services and ensure security, also please read our privacy policy, refund Policy mentioned here.
- Other points:
- If PARTY wants to renew its website after the connection is disconnected then restaurants needs to pay both setup fee and renew fee.
- ‘We’ are not responsible for the loyalty points or any other issues that arise to you from your customers or from any others once Your account is deactivated.
- ‘We’ are not responsible for PARTY and its Customers for any issues caused by server down time or server crashes or any hacking by others or data breaches. If any such issue arise and website crashed or taken down by others then ‘We’ will delete the current version and change related passwords and reinstall the latest backup that is available, due to this some of the recent data related to PARTY and its customers will be lost from the date of last backup taken to present time.
- ‘We’ are just a white-labeled website Saas service provider and not responsible for any PARTY business issues, regarding any issues Related to PARTY then customers of PARTY should contact PARTY only not ‘Us’.
- Features: PARTY should regularly read the about us page and this terms and conditions, privacy policy, refund policy each time before ordering any service in ‘Our’ diosap.com website. ‘Our’ services and features, Prices may change time to time.
- emails by ‘Us” regarding offers, and any important emails may be automatically send to PARTY.
- Price changes: At any time ‘We’ may increase the price of ‘Our’ services if server prices or third party technology’s or any other running cost for us goes high.
DIOSAP PRIVATE LIMITED may update prices from time to time for our services, it is the PARTY responsibility to Check the price every time before they purchase the service from ‘Us’. Updated pricing shall apply to all services availed from date of such revision.
- If the PARTY getting Our services under Free-tier plan we have the right to suspend or disconnect the Free-tier plan at any time and set the PARTY in to any one of the paid tier plans.
- If PARTY gets blocked by server company from where we purchased ‘Our’ servers due to any misuse or spam of emails done by PARTY then ‘We’ are not responsible for that and and any results of that, PARTY website may go down or may be removed and may require to create website again on the new server with the last backup available which will be having data loss since the last backup, PARTY have to bear that applicable extra price again for the new setup.
- Any issue related to PARTY caused by PARTY hosted server then it will take time to solve the problem depending on the scenario, it may be hours or it may few days.
- PARTY should upgrade their plan to next plan/tier if PARTY website consuming resources grows beyond its plan level, in such cases we will inform the PARTY to upgrade PARTY plan, if PARTY din’t upgrade and continued with same plan/tier then ‘We’ are not responsible for the consequences.
- It is PARTY duty to check also the spam folder of their email accounts for any emails sent by ‘Us’ or by its customers.
- ‘We’ do take and store backup of PARTY website daily and may deletes the old backup whenever a new backup created.
- It is PARTY duty to regularly check table QR code card which is used for opening white-labled website for ordering menu by its customers, PARTY should do this check so to know that scanning QR code Properly leads to PARTY website. ‘We’ are not responsible for any kind of fraud related to table card issues. So we always recommend you to regularly check that url of the scanned QR of table card should match with the domain name of your PARTY website, by doing this you can confirm that table card is the original card not faked by others.
- Any disputes of customer of the PARTY with bill or invoice should be handle by the PARTY only.
If GSTIN is not provided by PARTY at the time of Checkout for ‘Our’ service, then invoice will be treated as B2C and a B2C invoice is issued to the PARTY for its purchases and ITC shall not be claimable by the PARTY for that invoice.”
10. Website Ownership & intellectual property rights:
- for this diosap.com website All rights, title, and interest in the website, including but not limited to the design, structure, logos, slogans and website code, functionalities and domain name, others do not have the right to copy them.
- For the PARTY website All rights including but not limited to the design, structure, logos, slogans and website code, functionalities remain the exclusive property of DIOSAP PRIVATE LIMITED, The PARTY is granted a non-transferable, revocable license to use the website for the duration of the subscription or renew period only.
- In the PARTY Website The PARTY can request changes to branding elements such as logos, menu items, However, the core website design, software, and features remain standard and they are the exclusive property of DIOSAP.
- PARTY is responsible for the renew of its domain that they given to ‘Us’ for connecting white-labeled website. if PARTY fails to renew the domain ‘We’ are not responsible for the consequences arise due to that.
- If the PARTY fails to renew the service on 10th of each month, ‘We reserves the right to suspend or permanently delete the PARTY website and all associated data.
- all users of this website are strictly prohibited from copying, duplicating, reselling, or reverse-engineering any part of this website. Any unauthorised attempt to replicate the this website will result in immediate termination of ant active service and potential legal action.
PARTY has to purchase its own Domain name from its choice of sellers for a white-labeled website service, DIOSAP PRIVATE LIMITED does not own PARTY Domain and does not sell domain names to PARTY. DIOSAP PRIVATE LIMITED only provides access to the White-labeled website connected to the PARTY owned domain. White-labeled Website Service may be suspended to PARTY in case of non-payment and non renew of service, but domain ownership remains with the PARTY only.
“In PARTY website Invoices for food purchases will be issued by the PARTY brand name by PARTY only . ‘We’ are not responsible for that.
- for delivering ‘Our’ service Properly we may require to operate different kind of accounts in PARTY website or any other third party accounts that are required for PARTY website, for such accounts we operate them on behalf of the PARTY.
11. Governing Law
Any disputes with DIOSAP PRIVATE LIMITED will be resolved in the courts of Andhra Pradesh state in INDIA and proceedings will be in Telugu language only.
12. Contact Information
For any questions regarding these Terms and conditions, privacy policy, refund policy, please contact ‘Us’ through the contact page on diosap.com website or drop a email to support.info@diosap.com
13. Changes to Terms and Conditions
‘We’ may update this Terms and Conditions, Privacy policy, Refund policy from time to time, changes are notified by updating the “Last Updated” date at the top of this page content. It is the ‘all users’ responsibility to regularly check terms and conditions whenever you wish to use our website or service.
Refund Policy:
- Once the PARTY has purchased ‘Our’ service Refund will not be given to that service once the PARTY has started taking or consuming that service from ‘Us’. Refund will be given only when party did not actually received any Purchased service at all not even for single day, then in this cases only we will refund that amount since service is not yet started for consuming by the PARTY.
- We are not responsible for any matter in regards of PARTY website refunds or transactions. PARTY is totally responsible for its PARTY website refund and transactions.
- PARTY website loyalty points refund for partial order refund or for order cancelation is totally handled by the PARTY only.
- Refunds: if any Money is refunding by “Us’ to the PARTY then it will be processed within 7 days, excluding bank holidays and period may extend depend on the payment gateway refund timings and complexity of problem related to refund.