By downloading and/or accessing and/or using the applications and/or websites and/or other products or services related toAkeyi computer program and/or any form of additions and/or upgrades of the same program (collectively hereinafter: Services) owned by GISAXIOM. seated in Ernakulam (hereinafter: Akeyi, we or us), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. We may change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services without any delay, otherwise, you are solely responsible for all damages arising from your illegal usage of Services.
We may change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services without any delay, otherwise, you are solely responsible for all damages arising from your illegal usage of Services.
Akeyi is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from the usage of Akeyi independently, but only under the supervision of an adult. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof. Use of the Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates, and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required software is recommended to access the Services and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the services.
As a user of our Services, you need not establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Akeyi of any security breach of your Account. Akeyi shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, the Services, and you agree to update your data to keep it accurate and complete. You agree that we may store and use your data which provides you with updates about the individual service you have activated.
By using the Akeyi app / Akeyi computer program and/or any form of additions and/or upgrades of the same program you agree to let Akeyi to connect to the internet from yu service provider, Akeyi collects information such as name, phone number and e-mail, none of the information leaves the establishment from the information was written. Akeyi does not use the information for internal report generation only, the information will not be used for any other purpose like marketing or selling to any third party. You also agree to let us collect certain types of information from and about your device such as a camera access. When you use the Services, Akeyi will not let any data to be sent one region to any other region. Akeyi only uses the collected information and combine it with aggregated information from other users.
User (restaurant) Content
The Services consist of Akeyi’s interactive features and areas that may consist of a display of photos, additional information about the food and drinks, wine list, orders via the menu, summoning the waiter, recommendation system controlled by the restaurant, comments with the orders from the end-user, comments and the orders of food and drinks, promotions of special offers and/or all related functionalities of the Services, including but not limited to photos, text, graphics, items or other materials (collectively hereinafter: User Content). You understand that your User Content generated by the restaurant may be viewable by patrons to the restaurant.
You agree that you are solely responsible for your User Content and that Akeyi is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason. You retain all ownership rights in your User Content. However, by submitting User Content to Akeyi, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
You agree that any feedback, suggestions, ideas or other information or materials regarding Akeyi or the Services that you provide, whether by email or otherwise (hereinafter: Feedback), are non-confidential and shall become the sole property of Akeyi. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights).
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, hereinafter: Akeyi Content), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Akeyi Content may violate such laws and these Terms. Except as expressly provided in these Terms, Akeyi does not grant any express or implied rights to use Akeyi Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Akeyi Content, the Services or any related software, except as expressly stated in these Terms.
The use of the software or any part of the services, except for use expressly permitted by these terms and conditions, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Akeyi Content exclusively in your business premises in the performance of your business activities. This license is revocable at any time. This license is subject to these Terms and does not include:
● the distribution, public performance or public display of Akeyi Content;
● modifying or otherwise making any derivative uses of the Services or Akeyi Content, or any portion thereof;
● use of any scraping, data mining, robots or similar data gathering or extraction methods;
● downloading any portion of the Services, Akeyi Content or any information contained therein, except as expressly permitted on the Services;
● accessing the Akeyi with an unauthorized or third-party client;
● any use of the Services or Akeyi Content other than for their intended purposes;
Any use of the Services or Akeyi Content other than as specifically authorized in these Terms, without the prior written permission of Akeyi, is strictly prohibited and will terminate the license to use Akeyi granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not
● using the Services of Akeyi for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
● compromise the security of the Services;
● send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
● use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
● reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
● use or attempt to use another user's account without authorization;
● attempt to circumvent any content-filtering techniques we have embedded within the program, or attempt to access areas/features of the Services that you are not authorized to access;
● attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without Akeyi's express written consent to do so;
● impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
● infringe any patent, trademark, trade secret, copyright or another intellectual or proprietary right of any party;
● buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Akeyi account, without Akeyi's prior written consent;
● develop any third-party applications that interact with User Content or the Services without our prior written consent;
● use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any activity that violates these Terms;
You further agree to abide by any third-party terms that apply when posting reviews of Akeyi. Posting Akeyi usernames is strictly prohibited and may result in the deletion of your Akeyi account.
Akeyi may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (hereinafter: Personally-Identifying Information):
user-provided information: You provide certain Personally Identifiable Information, such as your mobile phone number, name (if applicable), e-mail id (if applicable) to Akeyi when choosing to participate in various uses of the Services.
user-provided information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Akeyi when choosing to participate in various uses of the Services. In order to provide the Services, Akeyi will periodically access your Account;
If you submit Personally Identifiable Information to us through the Services, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Services. Any Personally Identifiable Information or status content that you voluntarily disclose on the Services becomes publicly available and may be collected and used by other users of the Services. We may, however, use your Personally Identifiable Information without further consent for non-marketing or administrative purposes. We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Services and to create new features, promotions, functionality, and services by storing, tracking and analyzing user preferences and trends.
We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third-party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Services. We may share non-personally-identifiable information with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Services. We may collect and release Personally Identifiable Information and/or nonpersonally-identifiable information if required to do so by law, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Akeyi also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Akeyi believes, in good faith, is appropriate or necessary to enforce these Terms, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Services or our servers, and to protect the rights, property, or personal safety of Services, our users or others.
In the event that Akeyi is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Akeyi does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time Akeyi may remove the services for indefinite periods of time, or cancel the services at any time, without notice to you. you expressly agree that your use of, or inability to use, the services is at your sole risk. the services delivered to you through Akeyi provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
in no case shall Akeyi, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use services or for any other claim related in any way to your use of services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Akeyi's liability shall be limited to the extent permitted by law.
Akeyi shall use reasonable efforts to protect the information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and Akeyi hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
Akeyi does not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or any other security intrusion, and Akeyi disclaims any liability relating thereto. you shall be responsible for backing up your own system, including any products purchased from the services.
Waiver and indemnity
by using services, you agree, to the extent permitted by law, to indemnify and hold Akeyi, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of terms, your use of the services, or any action taken by Akeyi as part of its investigation of a suspected violation of terms or as a result of its finding or decision that a violation of terms has occurred. this means that you cannot sue or recover any damages from Akeyi, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Akeyi's conclusion that a violation of terms has occurred. this waiver and indemnity provision applies to all violations described in or contemplated by these terms.
Please read the following paragraph carefully because it requires you to arbitrate disputes with Akeyi and limits the manner in which you can seek relief from us. you and Akeyi agree to arbitrate any dispute arising from these Terms or your use of the services, except that you and Akeyi are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
arbitration prevents you from suing in court, that any arbitration will occur in front of Kerala state mediation and conciliation centre (KSMCC) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the chosen court. other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Forum and Venue
A lawsuit, if any, by you or DaShef against the other will occur in the competent court in Ernakulam, Kerala, Republic of India. You and Akeyi agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Akeyi will be governed by these Terms and the laws of the Republic of India, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Akeyi respects the intellectual property rights of others. In accordance with the applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, with us
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Akeyi.