Thank you for using Thrive. We’re really excited that you have decided to access and use our services, which is made up of our Online Food Ordering Platform connected to our Partner Restaurants's Website and Social Media Platforms (“Ordering Platform”), which is accessed via the Restaurant Management Platform ("Restaurant Dashboard"). The Ordering Platform and the Restaurant Dashboard comprises, and is collectively referred to as, the “Services.”
Thrive is an Online Food Ordering Platform operated by Hashtag Loyalty Private Limited (“Hashtag Loyalty”, "Thrive," “we,” “us,” or “our”) that utilizes the latest web, mobile and social networking technologies to allow you to find and order from your favorite restaurants, and much more.
Although you are able to place orders through the Services, Thrive itself does not sell the products contained in your order, is not a party to any such transaction, and has no control over the quality or safety of the products. Your order is between you and the Partner Restaurant from which you order. In addition, restaurants may state ingredients or represent allergen or food preparation standards through the Services, such as food or beverages being nut-free, gluten-free, lactose-free or organic. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the restaurants. Therefore, if you or anyone else who will be consuming any item from an order has any food allergies or specific preparation requirements, you are strongly advised to contact the restaurant directly to address your specific needs. By using the Services, you agree that you understand that Thrive is not responsible for any statements or omissions concerning the products contained in your order.
The purpose of our Services is to provide simple and convenient services to you, linking you to the Partner Restaurant and menu of their choice and allowing you to order food from them using our Service. Thrive provides the Ordering Platform to our Partner Restaurants to promote their menu, concludes orders on and delivers the food to you.
The Services are available for individuals aged 18 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Partner Restaurants using the Services do not deliver to every location. If the Partner Restaurant currently does not deliver to your area, but you would like it to, please let them know.
Thrive, not being the delivery services or its agent, makes no express or implied warranty of any kind whatsoever with respect to the delivery services and disclaims any such warranties that might otherwise exist.
The price of any meals will be listed on our Services and defined by the Partner Restaurants. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation message, save in the case of an obvious pricing mistake, whereby the Partner Restaurant will notify you as soon as they can about the pricing issue. The relevant Partner Restaurant will normally verify prices as part of the order process.
You may pay for orders via the Services or direct to the Partner Restaurants using Cash or credit/debit card on Delivery options. You agree that Thrive may immediately authorize your credit card (or other approved facility) for payment for any order made under your account (as defined below).
If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Website to contact customer service.
All refunds are subject to the refund policies of the restaurants from which you order. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the approval from the applicable restaurant. We will use reasonable efforts to request and obtain refunds when appropriate.
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Thrive (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected by copyright laws and treaties around the world. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.
You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
You should not e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.
Although we take our customers’ satisfaction very seriously, if you have any problems with your food order, including any delivery services, please contact the restaurant directly. Your order is between you and the restaurant from which you order, and Thrive is not an actual party to any such order.
The Content and the services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non–infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.
In connection with any warranty, contract, or common law tort claims: we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of inability to access and use the services or the content, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.
The services and/or the content may contain technical inaccuracies, typographical errors, or omissions, including with respect to allergy information and/or food preparation standards. We are not responsible for any such typographical, technical, pricing, or other errors listed on or omitted from the services and/or the Content. The services and the content contain information on our participating restaurants’ products, not all of which are available in every location. A reference to a product on the services or in the content does not imply that such product is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the services and the content at any time without notice.
We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error. In addition, we reserve the right to report any fraudulent or inappropriate conduct to appropriate authorities at our discretion.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 10 shall excuse the Customer from any payment obligations under this Agreement.
Neither you, Thrive nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
This Agreement shall be governed by, construed and enforced in accordance with the laws of India, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate court of law in Mumbai, Maharashtra.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.