Terms & Conditions

Last updated: July 31 2024

I. Acceptance of Terms

Welcome to Carrebag. These Terms of Service (“Terms”) outline your legal rights and responsibilities when accessing and using the Carrebag website at www.carrebag.in (the “Site”) and any associated mobile or software applications (“Carrebag Platform”), including the delivery of information through these platforms, either currently or in the future (collectively, the “Services”).
These Terms apply to all current and future users of Carrebag, including those managing business listings on the platform.
Please read these Terms carefully. By accessing or using the Carrebag Platform, you agree to comply with and be bound by these Terms, forming a legally binding agreement with Carrebag and its affiliates. If you do not agree with these Terms, you must not use the Services. Your use of the Carrebag Platform is at your own risk, which includes the possibility of encountering content you may find inappropriate.
You must accept these Terms to use the Services. You can accept the Terms by:
– Clicking to accept or agree to the Terms when this option is presented to you in the user interface; or
– Actually using the Services. In this case, you acknowledge that Carrebag will treat your use of the Services as acceptance of the Terms.

II. Definitions

Customer
“Customer,” “You,” or “Your” refers to you as a user of the Services. A customer is anyone who accesses or uses the Services for sharing, displaying, hosting, publishing, transacting, or uploading information, views, or pictures, including those managing business listings.
Content
“Content” includes, but is not limited to, reviews, images, photos, audio, video, location data, nearby places, and other forms of data or information. “Your Content” or “Customer Content” refers to content you upload, share, or transmit through the Services, such as likes, ratings, reviews, images, photos, messages, chat communications, profile information, or other materials displayed publicly or in your account profile. “Carrebag Content” means content created by Carrebag, including visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports, and other data related to your account activities and all other elements and components of the Services excluding Your Content and Third-Party Content. “Third-Party Content” refers to content from entities other than Carrebag or its Customers, such as restaurant partners, available on the Services.
Restaurant(s)
“Restaurant” refers to dining establishments listed on the Carrebag Platform.

III. Eligibility to Use the Services

You affirm that you are at least eighteen (18) years old and are fully capable and competent to understand and agree to these Terms, including all terms, conditions, obligations, affirmations, representations, and warranties set forth herein.
You agree to comply with all applicable laws and regulations of your country of residence when accessing and using the Services. Furthermore, you agree to use the Services in a manner consistent with these Terms and not infringing upon our legal rights or those of any third party.

IV. Changes to the Terms

Carrebag reserves the right to modify, amend, or update these Terms at its discretion. You are responsible for reviewing these Terms periodically to ensure compliance. Continued use of the Carrebag Platform after any such changes indicates your acceptance of the revised Terms.

V. Translation of the Terms

Carrebag may offer translations of the English version of these Terms for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

VI. Provision of Services by Carrebag

Carrebag is dedicated to continually enhancing your experience and providing the best possible service. You acknowledge and agree that the form and nature of the Services provided by Carrebag may change from time to time without prior notice. Carrebag reserves the right to suspend, cancel, or discontinue any or all products or services at any time without notice.
We or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device or its settings do not permit the transmission or use of upgrades or updates, you agree that we, or the applicable software store, may notify you of such updates and automatically push them to your device or computer. You may be required to install certain updates to continue using the Services.
You acknowledge that if Carrebag disables access to your account, you may be prevented from accessing the Services, your account details, or any content within your account.
Carrebag may set fixed upper limits on the number of transmissions you may send or receive through the Services at any time, at its discretion.
In our effort to continuously improve the Carrebag Platform and Services, we conduct research and experiments from time to time on various aspects of the Services, including our apps, websites, user interface, and promotional campaigns. Consequently, some Customers may experience different features at any given time. This is intended to enhance the Carrebag Platform, making it more user-friendly and improving the overall customer experience.
By using Carrebag’s Services, you agree to the following disclaimers:
The Content on these Services is for informational purposes only. Carrebag disclaims any liability for information that may have become outdated since the last update. Carrebag reserves the right to make changes and corrections to any part of the Content at any time without prior notice. Carrebag does not guarantee the quality of the goods, the prices listed in menus, or the availability of all menu items at any restaurant or merchant. All images and information are believed to be owned by or licensed to Carrebag. Please email a takedown request (using the “Contact Us” link on the home page) to the webmaster if you believe any Content on these Services violates your copyright. Please include the exact URL of the webpage in your request. All images shown here have been digitized by Carrebag. No other party is authorized to reproduce or republish these digital versions in any format without prior written permission from Carrebag.
Any certifications, licenses, or permits (“Certification”) or related information displayed on the restaurant’s listing page on the Carrebag Platform are for informational purposes only. Such Certification is provided to Carrebag by the restaurant partner(s) or merchant(s). Carrebag does not warrant the validity, authenticity, reliability, or accuracy of such Certification or information. Any reliance by a Customer upon the Certification or related information is strictly at their own risk, and Carrebag assumes no liability for any losses or damages in connection with the use of this information.
Carrebag reserves the right to charge subscription and/or membership fees for any of its products or services and/or any other charges or fees on a per-order basis from Customers, at any time.
Carrebag may introduce referral and/or incentive-based programs for its Customers. These Programs may be governed by their respective terms and conditions. By participating in the Program, Customers agree to the Program terms and conditions as well as the Carrebag Platform terms. Carrebag reserves the right to terminate/suspend a Customer’s account and/or credits/points earned and/or participation in the Program if Carrebag determines, at its sole discretion, that the Customer has violated the Program rules or Carrebag Platform terms, or has engaged in fraudulent/unlawful activities.

VII. Use of Services by You or Customer

1. Carrebag Customer Account Including ‘Claim Your Business Listing’ Access
a. To use certain features of the Services, including ‘claim your business listing,’ you must create an account. Your personal information provided during the account creation process will be governed by our Privacy Policy. You must keep your password confidential and are responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur under your account.
b. You may also register using your credentials from third-party social networking sites (e.g., Facebook). By doing so, you confirm that you own the social media account and are entitled to disclose your login information to us. You authorize us to collect your authentication information and other available information through your social media account, consistent with your applicable settings and instructions.
c. When creating an account or claiming a business listing, you represent that all information provided is true, accurate, and complete, and that you will update it as necessary to keep it accurate. If you are creating an account or claiming a business listing, you represent that you are the owner or authorized agent of the business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as authorized, or provide false information to gain access to a business listing you are not legally entitled to claim. False claims may result in substantial economic damages for which you may be held liable.
d. You are responsible for all activities under your account and agree to notify us immediately of any unauthorized use of your account. You agree not to allow any third party to use your Carrebag account for any purpose and will be liable for any unauthorized access.
e. By creating an account, you agree to receive certain communications related to the Carrebag Platform or Services. For example, you might receive comments from other Customers or notifications of activity on your account. You can manage your preferences regarding non-essential communications through account settings.
2. Other Terms
a. To connect you to certain restaurants, we provide telephony services through our phone lines displayed on restaurant listing pages on the Carrebag Platform. We record all call information, including the conversation between you and the restaurant, for internal service quality monitoring, training, and customer support purposes.
b. By using telephony services, you expressly consent to receiving communications, via calls and SMS, from Carrebag or its restaurant partners.
c. You agree
to use the Services only for lawful purposes and in accordance with these Terms. You will not use the Services in any manner that could damage, disable, overburden, or impair any Carrebag server, or the network(s) connected to any Carrebag server, or interfere with any other party’s use and enjoyment of any Services.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface provided by Carrebag, unless specifically allowed to do so through a separate agreement. You agree not to use any automated means (including scripts or web crawlers) to access the Services and comply with the instructions in any robots.txt file present on the Services.
e. You agree not to engage in any activity that disrupts or interferes with the Services (or the servers and networks connected to the Services). You will not delete or revise any material posted by other Customers, engage in spamming, including unsolicited emailing, posting, or messaging.

VIII. Content

1. Ownership of Carrebag Content and Proprietary Rights
a. We are the sole owners of the Services and our Content, including copyrights, trademarks, service marks, logos, trade names, trade dress, and other intellectual property rights. You acknowledge that the Services contain original works developed through substantial time, effort, and money, constituting valuable intellectual property.
b. You agree to protect Carrebag’s proprietary rights and those of others with rights in the Services. You will comply with reasonable written requests made by us or our content suppliers and licensors to protect their rights. You agree not to use any Carrebag trademarks, service marks, logos, domain names, or other distinctive brand features without prior written consent.
c. You agree not to use framing techniques to enclose any Carrebag trademark, logo, or other proprietary information, or to remove, conceal, or obliterate any copyright or other proprietary notice. Infringement will result in appropriate legal proceedings.
2. Your License to Carrebag Content
a. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Services as expressly permitted by these Terms. You may use information from the Services solely for personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, or exploit any Carrebag Content without express authorization.
3. Carrebag License to Your Content
By submitting Your Content, you grant Carrebag a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, assignable, sub-licensable, and transferable license to use Your Content for any purpose, including API partnerships with third parties. “Use” includes copying, displaying, distributing, modifying, translating, incorporating into advertisements and other works, analyzing, promoting, commercializing, creating derivative works, and allowing others to do the same. You grant us the right to use your name or username in connection with Your Content and waive any claims of moral rights or attribution against Carrebag.
4. Representations Regarding Your Content
a. You are responsible for Your Content. You represent and warrant that you are the sole author, owner, or rights holder of Your Content or have explicit permission to submit it; Your Content was not copied from other sources; use of Your Content by us or third parties will not infringe on any rights; Your Content is truthful and accurate; and Your Content complies with the Guidelines and Policies and applicable laws.
b. If Your Content is a review, you represent that it reflects an actual dining experience, you were not compensated for it, and you had no personal incentive to post a review that was not your honest opinion.
5. Content Removal
We reserve the right to remove, block, or disable access to any Content that we, at our sole discretion, consider objectionable, in violation of the Terms, or harmful to the Services or our Customers. We are not obligated to return any of Your Content under any circumstances. Restaurants may also delete images and pictures from their listing pages at their discretion.
6. Third-Party Content and Links
a. Some content on the Services may include materials from third parties or links to third-party sites. Your use of such third-party services is governed by their respective terms and privacy policies. We may obtain business information from third-party vendors who source their data from public sources.
b. We make no representations or endorsements regarding the accuracy, relevancy, copyright compliance, legality, completeness, or quality of third-party content. We may improve or correct errors in third-party content but are not obligated to do so.
c. Third-party content, including content posted by our Customers or restaurant partners, does not reflect our views. We are not responsible for any third-party content or any loss or damage resulting from its use.
7. Customer Reviews
a. Customer reviews or ratings for restaurants reflect individual opinions and do not represent Carrebag’s views. We provide a neutral platform for communication between Customers and restaurants. Advertisements are independent of reviews received.
b. If a restaurant believes a review violates Carrebag’s policies, it may contact us, and we may remove the review at our sole discretion if it violates the Terms or is harmful to the Services.

IX. Content Guidelines and Privacy Policy

1. Content Guidelines
You represent that you have read, understood, and agreed to our Content Guidelines and Policies.
2. Privacy Policy
You represent that you have read, understood, and agreed to our Privacy Policy. We may disclose information about you to third parties or government authorities if we believe such disclosure is reasonably necessary to take action regarding suspected illegal activities, enforce our Terms and Privacy Policy, comply with legal process, or protect our rights and property.

X. Restrictions on Use

Without limiting these Terms, you agree not to:
– Violate our Guidelines and Policies.
– Post content that is harmful, threatening, abusive, harassing, defamatory, discriminatory, vulgar, obscene, or otherwise objectionable.
– Submit inauthentic or erroneous reviews, or content not addressing the business being reviewed.
– Engage in any illegal activities, including violating any laws or regulations.
– Impersonate others or provide false information.
– Disguise the origin of your content or use deceptive advertisements.
– Engage in spamming or commercial activities without authorization.
– Interfere with the functionality of the Services or collect personal information about other users without consent.
– Violate any applicable laws or breach any contracts or fiduciary relationships.
– Attempt to derive source code from the Services or interfere with security features.

XI. Customer Feedback

By sharing feedback with Carrebag, you agree that it does not contain confidential information, Carrebag is under no obligation of confidentiality, and Carrebag may use the feedback for any purpose. You grant Carrebag a non-exclusive, royalty-free, perpetual, global license to use, modify, and distribute your feedback.

XII. Advertising

The Services may include advertisements and promotions. Your interactions with advertisers found on or through the Carrebag Platform are solely between you and the advertiser. Carrebag is not responsible for any loss or damage incurred as a result of such dealings.

XIII. Additional Terms for Specific Services

1. Food Ordering and Delivery
a. Carrebag partners with restaurants for food ordering and delivery services. Carrebag acts as an intermediary and is not liable for acts or omissions of restaurant partners or delivery partners.
b. Customers are responsible for providing accurate delivery information and respecting delivery partners.
3. Table Reservations
a. Customers can book tables at participating restaurants through Carrebag. Booking fees may apply and are subject to restaurant acceptance.
b. Customers must arrive on time, and any disputes must be reported promptly. Carrebag is not liable for in-person interactions or restaurant service quality.
4. Carrebag Membership
a. Carrebag membership program offering discounts and benefits at partner restaurants.
b. Membership fees are non-refundable and non-transferable. Benefits are subject to availability and terms and conditions.
5. Food Hygiene Ratings
a. Carrebag partners with certified auditors to provide hygiene ratings for restaurants. These ratings are informational and do not guarantee food quality.
b. Carrebag disclaims liability for reliance on hygiene ratings and any resulting loss or damage.
6. Carrebag Wallet
a. Carrebag Wallet facilitates digital payments through the platform. It is available only in India and governed by the terms and conditions of Carrebag’s banking partner.
b. Carrebag Wallet offers and benefits are subject to specific terms and conditions and may vary.
7. Delivery Offer/Plan
a. Carrebag offers discounted delivery plans for a limited period. These plans are non-transferable and subject to terms and conditions.

XIV. Disclaimer of Warranties, Limitation of Liability, and Indemnification

1. Disclaimer of Warranties
The Services are provided “as is” and “as available.” Carrebag disclaims all warranties, express or implied, regarding the accuracy, reliability, or completeness of the Services’ content and any errors, interruptions, or defects in the Services.
2. Limitation of Liability
Carrebag is not liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Services. Carrebag’s liability for any claim is limited to the amount paid by you for the Services.
3. Indemnification
You agree to indemnify Carrebag and its affiliates against
any claims, damages, losses, liabilities, and expenses arising from your use of the Services, violation of the Terms, or infringement of any rights of a third party.

XV. Termination

Carrebag may terminate or suspend your access to the Services at any time for any reason, including violation of the Terms. Upon termination, all rights and licenses granted to you will cease.

XVI. General Provisions

1. Governing Law
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
2. Dispute Resolution
Any disputes arising from these Terms or your use of the Services will be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration will be conducted in English in Bangalore, India.
3. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. Entire Agreement
These Terms constitute the entire agreement between you and Carrebag regarding the Services and supersede all prior agreements and understandings.
5. Contact Information
For any questions or concerns about these Terms or the Services, you may contact Carrebag through the “Contact Us” details below