*Terms And Conditions!
Daily at Five(A product of Daily Ventures Pvt. Ltd.) is a mobile payment and customer rewards platform and related services and provides and/or enables related mobile applications, software applications, websites, and microsites for use by you ("User") to make payments for goods and/or services and participate in merchant incentive and rewards programs ("Campaigns") at physical and/or online points-of-sale ("POS"), among other available functions. Daily at Five(A product of Daily Ventures Pvt. Ltd.) provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions ("User Terms" or "Agreement").
By accessing, downloading, copying, and/or using a Daily at Five(Daily at Five Merchant and Daily at Five) App, including this App, and/or the Services, you agree to these User Terms.
THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Daily at Five, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
1.1. When the following words are used in these Terms, this is what they will mean: App: the mobile application created by Daily at Five(A product of Daily Ventures Pvt. Ltd.) which allows a User to locate a Venue, open a Order at a Venue and pay for their purchases at the Venue. Device: a User's mobile telephone, smartphone or handheld device. Intellectual Property Rights: means (without limitation) any patents, rights to inventions, copyright and related rights, trade-marks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. Notification: the email/push sent from Daily at Five to a User. Daily at Five: A product of Daily Ventures Pvt. Ltd.. Order: the digital medium through which User(s) confirm their use of the App, the Venue communicates to the User(s) the total amount payable by any customers of the Venue in a particular group and through which the User(s) can pay a proportion of the total amount. Order Holder: the person in whose name the Order is opened. Terms: the terms and conditions set out in this document. User(s): customers who sign up with Daily at Five and download and use the App. Venue: a restaurant or bar which supports the App. Website: the website http://Daily at Five.in/
1.2. The words "writing" or "written" in these Terms will include e-mail, unless specified otherwise.
1.3. These are the terms and conditions on which Daily at Five supplies the App to you.
2. Using the App
2.1. Daily at Five will make every effort to ensure the App is operational 24 hours a day, 7 days a week. However, there may be issues or delays due to events outside Daily at Five’ control.
2.2. Daily at Five may have to suspend the App if it has to deal with technical problems, or to make improvements. Daily at Five will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay any outstanding amounts on open Orders (as may be notified to the Users by Daily at Five).
2.3. In the unlikely event that there is any defect with the App:
- please contact Daily at Five as soon as reasonably possible;
- please give Daily at Five a reasonable opportunity to repair or fix any defect;
Daily at Five will use every effort to repair or fix the defect as soon as reasonably practicable. You will not have to pay for Daily at Five to repair or fix a defect with the App under this clause.
3. Merchant Incentive and Reward Campaigns; Campaign Credit
3.1. When you pay with your Daily at Five User Account at a merchant, you participate automatically in any
promotional campaigns offered by Daily at Five merchant partners, and/or third-party partners, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. ("Campaigns"), and earn automatically any merchant-offered rewards, incentives, or discounts ("Merchant Credit") and/or third-party-offered incentives, rewards, or discounts ("3rd Party Credit") associated with your transaction. Daily at Five will also automatically redeem any Merchant or 3rd Party Credit previously awarded at the time of purchase at the participating merchant's POS in accordance with the terms of such Campaign. Merchant or 3rd Party Credit applied to the purchase will be deducted from the transaction amount charged by Daily at Five as part of the authorized charge to the payment instrument(s) associated with your User Account.
3.2. Promotional Campaigns, and Merchant or 3rd Party Credit associated with such Campaigns, are offered by the merchant or funding third party alone (and not by Daily at Five) and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or 3rd Party Credit, and compliance with such rules. Any complaints concerning any merchant's or third party's failure to award or redeem Merchant or 3rd Party Credit according to any Campaign may be sent to Daily at Five at: contact@Daily at Five.in. While Daily at Five may, in its discretion, attempt to resolve any complaints concerning a person's failure to award or redeem Merchant or 3rd Party Credit, Daily at Five is not responsible for such person's failure to award or redeem Credit for any reason. 3.3. The merchant shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Campaign, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Campaign at any time. Daily at Five also reserves the right to terminate a merchant's Campaign at any time.
3.4. Merchant or Third Party Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or Third Party Credit. If a Campaign is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or 3rd Party Credit will expire immediately.
3.5. Redemption or application of Merchant or 3rd Party Credit for alcoholic beverages is at the sole discretion of the merchant, and is subject to (and may be limited by) merchant's compliance with applicable federal, state, and local laws and regulations. Merchants may refuse to apply Merchant or 3rd Party Credit to delivery, processing or handling fees, or taxes or gratuities.
4.1. When you enter the Venue you acknowledge that any purchases you make are the subject of a contract between you and the Venue. All queries or orders should be directed to staff at the Venue. 4.2. It is the Order Holder's responsibility to ensure that the Order is accurate and reflects the goods purchased from the Venue. Daily at Five is not responsible for ensuring the accuracy of the Order. Any queries or issues with the total of the Order should be directed to the Venue. Daily at Five' obligation is only to facilitate the payment of the amount shown on the Order.
4.3. All Users can use the App to apportion amounts of payments, but it is the responsibility of the Order Holder to ensure that the full amount is settled. A Venue will not close a Order until it has been settled in full.
5.1. Daily at Five will not process a refund unless it is verified by the relevant Venue. The following actions must be taken by the
User immediately following payment of an incorrect amount (Incorrect Payment):
- The User must inform the Venue that they have made an Incorrect Payment;
- The User must ensure that the Venue verifies the Incorrect Payment by immediately recording the Incorrect
Payment with Daily at Five, as part of its reporting obligations under Venue's Terms and Conditions with Daily at Five; - Within 48 Hours of the Notification, the User must complete and submit a refund form through the Website (Refund Request).
5.2. A Refund Request received outside the 48 hour period will not be accepted unless there are exceptional circumstances. Daily at Five reserves the right to refuse any Refund Request that is not verified by the relevant Venue.
5.3. Once a Refund Request is approved, Daily at Five will contact the User and refund to their credit or debit cards (such refund may incur a 3%-10% fee).
6. Intellectual Property Rights
6.2. You may download or stream a copy of the App onto your Device, to view, use and display the App on the Device for your personal purposes only.
6.3. You acknowledge that all Intellectual Property Rights in the App anywhere in the world belong to Daily at Five or its licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.
7. How we may use your personal information
7.2. You may be offered the option to link one or more social networking profiles to your profile or Daily at Five. Where you link a profile, you authorise us to post updates on your activities on Daily at Five to your linked social networking profile.
9. Other important terms
9.1. Daily at Five may transfer its rights and obligations under these Terms to another organisation, and will always notify you in writing if this happens, but this will not affect your rights or its obligations under these Terms.
9.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
9.3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
9.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5. If Daily at Five fails to insist that you perform any of your obligations under these Terms, or if it does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If Daily at Five does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.
Effective Date of these Terms of Service: October 1, 2015