Hopres may update or revise this Agreement (including any Hopres Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below).
Service, Subscription Fees, and Payment
SERVICE: Hopres is a community app bringing restaurants and customers under one roof. Hopres partners with the best restaurants in the city and gives its members special benefits reserved only to them like exclusive events, contests, prizes, tours and daily discounts.
Subscription Fees: Hopres membership works on subscription basis, the plans and charges of which has been listed on its website, application and promotional communication. Hopres reserves the right to change this subscription and/or membership fees, by giving a reasonable prior notice.
Payment: Payment of all food bills to partner restaurants will be made by the user directly. Under no circumstances will the company ask users to create a digital wallet and/or pay the value of the food bills in the name of Hopres.
Intellectual Property Rights and Grant of Rights to User
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site and mobile apps (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Appicrest LLP (company of brand Hopres), its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Appicrest LLP; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the site / service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Hopres Content by User shall constitute a material breach of this Agreement. No license, right, or interest in any trademarks of Appicrest LLP or any third party is granted under this Agreement.
You are required to create an Account with Hopres through the mobile application in order to use the membership services to avail discount offers, access to exclusive events, tours, and contests, claims to prizes and rewards. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Hopres registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Hopres of any unauthorized use of your Account or any other breach of security related to your use of the Services.
Communication from Hopres
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text-message based services, you must maintain an active account with a carrier of electronic communications through mobile devices. Hopres does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
Hopres is about listing offers by restaurants around you and your city and in order to do that we would need to know your location. Whenever you open and interact with Hopres app, we use the location information from your mobile device (latitude and longitude) to customize the experience around your location (i.e., showing you recommended places to eat, club or participate in an event nearby). Your location information is NEVER shared with others. Hopres mobile app auto updates your location in real time, which us to tell you where the recommendations are based on your current location.
Modifications to Services
Hopres reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Hopres Sites, Restaurants, and/or Merchants. Hopres shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
Subject to the terms and conditions of this Agreement, Hopres grants User an exclusive membership only, non-transferable, revocable license to use the Hopres mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services. The duration of such license is solely dependent on the subscription plan as chosen by the user.
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Hopres Site and channels, that -• belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Limitation of Liability
Hopres merely endeavors to provide a platform where you and other party may exchange information on such basis that are mutually agreed between you and the other party. Hopres shall not be liable for any loss that you may incur, while availing offers given by the third party. Under no circumstances shall Appicrest LLP/Hopres be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that Hopres is not responsible for any content sent using and/or included in Hopres site/mobile/service by any third party.
Termination of Account
Your Representations and Indemnity
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Hopres and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Hopres’ request) defend Hopres, its parent company, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Hopres Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
User Conduct and Obligations
You hereby agree and assure Hopres that the site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through site/Mobile/Service: post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component; delete from the site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; not use the site / Mobile / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Appicrest LLP / Hopres’ server, or the network(s); obtain or attempt to obtain any materials or information through any means not intentionally made available through the site/Mobile/Service; engage in any activity that causes / may harm minors; or perform any activity which is likely to cause such harm; impersonate any person or entity, including, but not limited to, Hopres’ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; take any action which encourages or consists of any threat of harm of any kind to any person or property; carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or; use the Site/Mobile/Service for illegal purposes; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Hopres’ website or mobile apps. transmit through the Site or Mobile apps, any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.; collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter; engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “grieving” as those terms are commonly understood and used on the Internet forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, duplicative messages or any other form of solicitation. encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or make any representation or warranty on behalf of Appicrest LLP / Hopres.You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; any confidentiality obligation. Unless otherwise permitted, you will: (i) display the Service on your site or Products in the exact form received by you, and not modify or edit any of the foregoing without Hopres’ prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by Hopres on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Website or product accordingly. You acknowledge that the service must link and redirect to the appropriate Hopres’ web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, Hopres’ Web page, nor may you frame any Hopres’ Web page.
Third-Party Websites, Applications and Services
The Services may contain hypertext links to websites and applications operated by parties other than Hopres. Such hypertext links are provided for User’s reference only, and Hopres does not control such websites and is not responsible for their content. Hopres’ inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Hopres assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service, including any license transferability and other usage rules therein.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Hopres and you shall have no authority to bind Hopres in any manner, whatsoever.
Appicrest LLP / Hopres shall have no liability to you for any interruption or delay, to access the site or Mobile apps irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Surat/Gujarat shall have exclusive jurisdiction over any disputes arising under this agreement.
Notify Us of Infringers
If you believe any of the Services violate your copyright, notify our copyright agent via email. The contact information for our copyright agent is at the bottom of this Section. In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services;
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Again, we cannot take action unless you give us all the required information.
Copyright © 2020, Hopres (brand of Appicrest LLP). All Rights Reserved.
This disclaimer/ terms of service notification are subject to change without notice.