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 Users to find and order from their favourite restaurants, and much more. The Users of the Platforms and Services (“User”, “you” or “your”) shall include without limitation, all Users and merchants accessing the Platform for sharing, displaying interacting, ordering, posting, listing businesses, publishing, transacting, and/ or uploading information or views or pictures and other persons jointly participating in using the Services.
Our Platform comprises of our online food discovery application and online food ordering platform connected to our Partner Restaurant'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 are hereinafter collectively referred to as the “Platforms” and the services provided through these Platforms shall be referred to as “Services”.
We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access the Platform(s) and use the Services only as expressly permitted in these Terms. 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 Ordering Platform. Thrive provides the Ordering Platform to our Partner Restaurants to promote their menu, conclude orders on and deliver the food to you. You shall not access the Platform(s) and/or use the Services for any illegal purpose or in any manner inconsistent with these Terms. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Content (as defined under Section 11) in whole or in part except as expressly authorized by us.
Thrive reserves the right to suspend/cancel, or discontinue the Services at any time without notice, make modifications and alterations in any or all of its Contents and Services contained, on the Platform without any prior notice.
You may be required to install certain upgrades or updates to the Platform in use, in order to continue to access the Platform(s) and/or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
Thrive reserves the right to charge a subscription and/or membership fee in respect of any of its Services and/or any other charge or fee on a per order level from Users, in respect of any of its Service on the Platform(s) anytime in future.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. If you are under eighteen (18) years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Agreement. Should your parents or legal guardian fail to agree or acknowledge the Agreement and other policies of Thrive, you shall immediately discontinue its use. We reserve the right to terminate the Agreement or deny access to the Platform if it is brought to Thrive's notice that you are under the age of eighteen (18) years.
In creating an account and/or listing your business on the Platform, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary, in order to keep it accurate.
If you are creating an account for making a business listing, then you represent to us that you are the owner or authorized agent of such business. You shall not (a) impersonate someone else, create or use an account for anyone other than yourself, (b) provide an email address other than your own, (c) create multiple accounts or business listings except as otherwise authorized by us, or (d) provide or use false information to obtain access to a business' listing on the Platfrom(s) that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Thrive or third parties to incur substantial monetary damages and losses, for which, you may be held liable.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Thrive account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive certain communications in connection with the Platform(s) and/or Services.
Thrive provides online ordering services by entering into contractual arrangements with restaurant partners (“Partner Restaurants”) on a principal-to-principal basis for the purpose of listing their menu items for online ordering by the Users on the Platform.
The Users can access the menu items on the Platform and place online orders against the Partner Restaurant(s) through the Platform.
Your request to order food and beverages from a Partner Restaurant on the Platform shall constitute an unconditional and irrevocable authorization issued in favour of Thrive to place online orders for food and beverages or products against the Partner Restaurant(s) on your behalf.
Although you are able to place orders through the Platform, Thrive itself does not sell the products contained in your order, has no control over the quality or safety of the products and is not a party to any such transaction. Your order is between you and the Partner Restaurant from which you order. In addition, Partner Restaurants may state ingredients or represent allergen or food preparation standards on the Ordering Platform, 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 Partner 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 Partner 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. Thrive shall not be liable for any acts or omissions on part of the Partner Restaurant including but not limited to, deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare and deliver the order, provided that such acts or omissions are solely attributable to the Partner Restaurants.
The Platform(s), 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 Platform(s), Services and/or the Content, for reasons attributable to the Partner Restaurants. The Platform(s), Services and the Content contain information of our Partner Restaurants’ products, not all of which are available in every location. A reference to a product on the Ordering Platform 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 Platform(s) and/or Services and the Content at any time without notice.
We reserve the right to cancel or modify an order where it appears that a User 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.
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.
Delivery of an order placed by you through the Platform may either be undertaken directly by the Partner Restaurant against whom you have placed an order, or facilitated by Thrive through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Thrive is merely acting as an intermediary between you and the Delivery Partners, or you and the Partner Restaurant, as the case may be.
The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Thrive is not a party under any applicable law. It is clarified that Thrive does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Users through the Platform by connecting the Users with the Delivery Partners or the Partner Restaurants, as the case may be.
We will only be responsible for initiating a refund to the User as per limits prescribed in our refund policy in the following events: (a) order is not delivered to the User or some order items are missing, due to reasons pertaining solely to the Delivery Partner; and/or (b) the order has been damaged solely because of the acts or omissions of the Delivery Partner.
We will not be responsible if the Delivery Partner indulges in theft of the order or indulges in any illegal activity or misconduct against/with the User(s) or indulges in any vandalism activity against the User.
You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Partner Restaurant, as the Delivery Partner or the Partner Restaurant may determine (“Delivery Charges"). You agree that Thrive is authorized to collect, on behalf of the Partner Restaurant or the Delivery Partner the Delivery Charges for the delivery service provided by the Partner Restaurant or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Partner Restaurant, order value, distance, time of the day. Thrive will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Partner Restaurant, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge").
The price of any meals will be listed on our Ordering Platform 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 Ordering Platform 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.
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.
"Your content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. In consideration of availing the Services on the Platform(s) and by submitting Your Content, you hereby irrevocably grant Thrive a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use, copy, distribute, modify, display Your Content (including content shared by any business User having access to a 'restaurant business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Thrive or its Users, any third-party services and their Users.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Users, shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party Users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the guidelines and policies or any applicable laws
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Users and any and all liability arising from such Content is the sole responsibility of the User who posted the content, and not Thrive.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Partner Restaurants reserves the right to delete any images and pictures forming part of Your Content, from such Partner Restaurant's listing page at its sole discretion.
You hereby agree and assure that while communicating on the Ordering Platform including but not limited to giving cooking instructions to the Restaurants, communicating with our support agents on chat support or with the Delivery Partners, through any medium, you shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, Thrive reserves the right to suspend the chat support service and/or block your access and usage of the Ordering Platform, at any time with or without any notice.
While using the Platform(s) or Services, you shall be subject to the restrictions set out below and under law, and we reserve the right to take any action as may be deemed necessary in the event of any breach or failure to adhere to any such restrictions:
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Platform(s), queries made through the Platform(s) or other information. The manner, mode and extent of advertising by Thrive on the Platform(s) are subject to change without specific notice to you. In consideration for Thrive granting you access to the Platform(s) and use of the Services, you agree that Thrive may place such advertising on the Platform(s).
When any order is placed by you, through any Services provided by Thrive, the Partner Restaurant gets thirty minutes to accept or decline the order, depending on the availability of the items or other related factors affecting the ability of the Partner Restaurant to fulfil the Order, and if such order is not accepted by the Partner Restaurant within the specified time, it gets cancelled automatically by the Platform, by the virtue of it not being accepted by the Partner Restaurant.
If any order placed by you gets cancelled by the Partner Restaurant either expressly, or by the Ordering Platform by the virtue of it not getting accepted by the Partner Restaurant, then the amount so paid by you for such order shall be refunded to the original source of your payment within 48-72 working hours of such order.
With respect to any refund being sought by you pertaining to, but not limited to, any deficiency in Service, Thrive shall escalate your request for refund to the Partner Restaurant, who shall further facilitate the refund request as per the Partner Restaurants internal refund policies. You shall acknowledge that Thrive is not liable to make any refunds related to any items being sold through the Ordering Platform, as Thrive is not the owner/producer of the items being sold and is merely an intermediary between the Restaurant Partner and you. We will only be responsible for initiating a refund to the User as per limits prescribed in our refund policy in the following events: (a) order is not delivered to the User or some order items are missing, due to reasons pertaining solely to the Delivery Partner; and/or (b) the order has been damaged solely because of the acts or omissions of the Delivery Partner.
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.
You shall acknowledge that in the event a cancellation request is raised by you regarding any order placed by you through the Ordering Platform, and the same is accepted by the Partner Restaurant, Thrive escalates the same request to the Partner Restaurant from where the order was placed and the request is further governed by the cancellation policies adopted by such Partner Restaurant. You shall also acknowledge that Thrive is not responsible for any disputes regarding cancellation requests between you and the Partner Restaurant.
The Platform(s) contain material, such as software, text, graphics, images, sound recordings, audio-visual 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 agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Thrive; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation.
You shall 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 further acknowledge that the Services may contain information which is designated as confidential by Thrive and that you shall not disclose such information without Thrive's prior written consent.
We welcome and encourage you to provide feedback, questions, comments, suggestions, and the like for improvements to the Platform(s) and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the chat support. With respect to the Feedback you send to us, we shall, without the need to pay compensation, 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 should not e-mail us any content that contains confidential information
You retain all copyrights and other intellectual property rights in and to anything you post to the Platform(s). 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.
You acknowledge and agree that the Platform(s), Content and Services are provided "as is" and "as available" and that your use of the Platform(s) and Services shall be at your sole risk Thrive hereby disclaims 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.
We will not be a party to or in any way be responsible for monitoring any transaction between you and Partner Restaurants or any other third-party providers of products or services. If you have any problems with your food order, including any delivery services, please contact the Partner Restaurant directly. Your order is between you and the Partner Restaurant from which you order, and Thrive is not an actual party to any such order. You are solely responsible for all of your communications and interactions with other customers of the services and with other persons with whom you communicate or interact as a result of your use of the Services.
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.
Except as expressly specified herein, in no event shall Thrive be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this Agreement (including any changes thereto), (2) any use of the Platform(s) Services, Content, or Your Content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the Platform(s)), or (4) non-performance, conduct, or policies of any restaurant or merchant in connection with the Services.
If the disclaimer of direct damages above is not enforceable at law, except as otherwise expressly set forth in the policies of Thrive, you expressly agree that our liability to you (for any cause whatsoever and regardless of the form of the action) will not exceed the last fee you paid.
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 Platform(s), 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, pandemics, lockdown, explosion or civil commotion.
The Platform(s) 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.
Thrive is permitted to revise these Terms at any time as it deems fit, and by using this Platform you are expected to review these Terms on a regular basis. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Services going forward.
Thrive is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
We may terminate your use of the Services and/or deny your access to the Platform(s) in our sole discretion for any 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 Platform(s) 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. 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 Platform(s).
You may also terminate your use of Services at any time by deleting your account.
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 you and Thrive in writing, this Agreement constitutes the entire Agreement between you and Thrive 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.
If you have any questions about these Terms, please contact us by email or postal mail on the following address:
Name: Hashtag Loyalty Private Limited
E-mail Id: email@example.com
Address: Flat no. 12, Skylark Apartments, Off Union Park, Khar West, Mumbai - 400052