Terms and Conditions
Terms and Conditions
Welcome to the Website and Mobile App Terms and Conditions of Use Agreement (the “Agreement”) for SAS365. This Agreement describes the terms and conditions applicable to your use of the SAS365 App (“SAS365”) or Website (“SAS365”).and the service provided by our Merchant/Restaurant partners (“Connected Partners”). The term ‘SAS365’ or ‘us’ or ‘we’ refers to the owner of this website and ‘Connected Partners’ refer to the Restaurants providing the food service. The term ‘you’ or 'our customers' or 'website users' refer to the user or viewer of our website.
By accessing or using this App, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. SAS365 may amend this Agreement at any time by posting the amended terms on the App. If you do not agree to these terms and conditions of use, please cancel this transaction and do not use this App.
General:
SAS365 is owned and operated by Kumaran & Co. We offer online food ordering services from restaurants and limited delivery service to our customers. We are not responsible for the quality of food and the packaging offered by our Connected Partners.
Please note that in our sole discretion at any time, we may offer any kind of incentives or promotions, shorten or extend the duration of any incentive or promotion program and/or terminate or modify any incentive or promotion program.
Service Terms
A. Use of App. SAS365 grants you a limited license to access this App to view information on the App, provided your use of the App is solely for your personal, non-commercial use. You agree not to copy or distribute any part of the App in any medium without the written authorization of SAS365. You further agree that you will not alter or modify any part of the App and you will comply with all the terms and conditions of this Agreement. The permission granted to you shall terminate immediately if you breach any of these terms and conditions.
B. Restricted Use of App. You shall not make any commercial use of this App or its contents. You further agree not to use any data mining, robots, or similar data gathering and extraction tools on this App. This App or any portion of this App may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of SAS365. You agree not to interfere, disrupt, or attempt to gain unauthorized access to other accounts that use this App or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by SAS365 to be in conflict with the spirit or intent of this Agreement.
C. Device. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the App including all hardware, software, and other physical requirements for your use of this App including, telecommunications, Internet access connections, or other equipment, programs, and services required to access and use the App.
Limitations
A. Security. You shall be solely responsible for any authorized or unauthorized access to your account by any other person. You agree to bear all responsibility for the confidentiality of any password that may be provided to you and all use of the App with your password. If you use this App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. SAS365 reserves the right to refuse service, or terminate accounts in its sole discretion.
B. Privacy. SAS365 does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information in the Third Party Cloud data center that are protected by physical as well as technological security devices. So you also comply and accept Thrid Party Cloud data center terms and conditions by default.
C. Cookies. When you visit this App, SAS365 may store some information on your mobile devices or computer. This information will be in the form of a “cookie” or similar file and can help us maintain and improve this App in many ways. A “cookie” is a small amount of data that is transferred to your mobile by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most mobile devices, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. Please refer to your phone instructions to learn more about these functions.
D. Accessibility. You agree that from time to time this App may be inaccessible or inoperable for any reason including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that SAS365 may undertake from time to time; or (iii) causes beyond the control of SAS365 or that are not reasonably foreseeable.
Ownership of Intellectual Property
A. Trademarks. The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this App are registered and unregistered Trademarks owned by SAS365. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this App without the express written permission of SAS365. All other brand names not owned by SAS365 on this App are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any metatags or any other “hidden text” utilizing SAS365 Trademarks without the express written consent of SAS365. Any unauthorized use terminates the permission or license granted by SAS365.
B. Copyrighted Works. Certain content contained on this App including, but not limited to, images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases are owned by or licensed to SAS365. Any other copyright-protected content not owned by SAS365 is owned by its respective owner. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the App without the prior expressed written permission of SAS365.
Disclaimer of Warranties
You agree that your use of this App shall be at your sole risk. To the fullest extent permitted by law, SAS365, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the App and your use thereof. SAS365 makes no warranties or representations about the accuracy or completeness of this App’s content, the content of any apps linked to this App, or any third-party content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our App, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our App, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our App by any third party, and/or (v) 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, e-mailed, transmitted, or otherwise made available via the App.
Limitation of Liability
In no event shall SAS365, its officers, directors, employees, Partners or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our App, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our App, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our App by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content or posted, e-mailed, transmitted, or otherwise made available via the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This App is controlled and offered by SAS365 from its facilities. SAS365 makes no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Release and Indemnification
A. Release. In the event that you have a dispute with a third party that involves this App, you agree to release SAS365 and its members, governors, directors, officers, employees, and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
B. Indemnification. You agree to indemnify, hold harmless and defend SAS365, its members, governors, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) this Agreement; (ii) your use of this App, including any data or work transmitted or received by you.
Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. SAS365 reserves the right, in its sole discretion and without notice, at any time and for any reason, to (i) remove or disable access to all or any portion of the App; (ii) suspend your access to or use of all or any portion of the App; and (iii) terminate this Agreement.
Order Cancellation.
There is no cancellation allowed after purchase, under any circumstances. It is your responsibility to collect the order from the respective restaurant within the working hours of the Restaurant.
Payment
You understand that using the SAS365 will result in charges for the goods you receive from the Restaurant. The charges will include all the applicable taxes required by the Law. SAS365 will facilitate your payment on behalf of the Restaurant through the Online Payment Gateway. This payment through the online payment gateway will be treated in the same way as the payment is directly made to the Restaurant by you. The charges paid by you are non-refundable unless required by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (NZ Consumer Law). Under NZ Consumer Law, you may be entitled to a refund for a failure of the services, or other minor issues. You have the right to request for lower charges from the Restaurant for any issues with the goods received. SAS365 will modify the charges for the particular good based on the request from the Restaurant.
Miscellaneous
A. Amendment. SAS365 shall have the right, at any time, and without notice, to add to or modify the terms of this Agreement. Your access to or use of the App after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
B. Waiver. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
C. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
D. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile or e-mail address. The user hereby consents to notice by e-mail.
E. Law. This Agreement is made in and shall be governed by the applicable local laws of the country without reference to its conflict of law provisions.
F. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
G. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties as it relates to Your use of the App and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.