We, Softmind Consultancy Private Limited ("We", "Us", "Our", “Company”), are in the business of providing a cloud-based point of sales software application under the brand name “E-Order” for restaurants together with optionally integrated services such as mobile or card payments, inventory management, deals and discounts, ordering and delivery apps, table booking apps, suppliers’ marketplace, analytics apps, etc., using a programmable API architecture. The Company, through such point of sale software application and websites (together referred to as the “E-Order Platforms”), also provides end-to-end integration of services for restaurant management to various restaurants and food outlets. The Company has created and owns the E-Order Platforms and licensed the use of the same by way of various subscription models for a Subscription Fee.
The subscription to the E-Order POS Platform and other value-added services (“E-Order Subscription”) offered by us is subject to our Terms of Service that is agreed by you (or anyone who accesses and uses the E-Order Platforms shall be referred to as “You”, “Your” or “User” as the context may require) at the time of subscription. You may select an E-Order subscription plan of your choice and make payment as per the required payment method(s) available for different E-Order subscription plans.
You are required to pay the subscription fee as per the E-Order Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for E-Order Subscription, as stated in various subscription plans, is non-refundable. No refunds are eligible for food services from our platform except as expressly set forth in these cancellation and refund terms (hereinafter referred to as “Cancellation & Refund Policy”). Taxes may apply to the subscription fee. Your paid E-Order Subscription will be activated only upon successful payment of the Subscription Fee made through the E-Order Platforms as per the applicable subscription plan chosen by you.
You may cancel your paid E-Order Subscription at any time by visiting Your Account and adjusting your subscription settings on any of the E-Order Platforms. If you cancel the E-Order Subscription within 15 business days of signing up for such paid E-Order Subscription, we will issue a credit note to you and refund your full Subscription Fee, provided that we may charge you (or withhold from your refund) the value of E-Order benefits used by you and your account during this 15 business day period by issuing a partial credit note to you. If you cancel the annual E-Order Subscription at any other time, we will raise a credit note and refund your Subscription Fee only to the extent of your usage of the subscription plan of our E-Order Platform since the payment of the Subscription Fee.
If you cancel the monthly E-Order Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage of any of the E-Order benefits since payment of your Subscription Fee.
We may, at our discretion, change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of E-Order Subscription, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
We may terminate your E-Order Subscription at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then-subscription term, whether annual or monthly. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates the Terms of Service or any applicable law, involves fraud or misuse of the E-Order Subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Services or this Cancellation & Refund Policy will not constitute a waiver of any of our rights.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO E-ORDER PLATFORMS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR E-ORDER SUBSCRIPTION.
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