Your affirmative act of using this Site and/or opening an account on this Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
2. General Terms
3. Eligibility; Termination
Notwithstanding any provision of these Terms, manjya reserves the right, without notice and in its sole discretion, without any liability to you, to: terminate your access to the Site or to your manjya Account, or any portion thereof; block or prevent your future access to and use of all or any portion of the Site or the Services; change, or limit, suspend or discontinue any aspect of the Site, the Services or Content.
manjya may terminate these Terms and your use of the Site at any time. You may terminate your use of the Site at any time. When your manjya account is deactivated, any text, images or videos you have uploaded to the interactive parts of the Site may remain on the Site. The license you grant to us in Section 6 therefore survives the termination of these Terms. In addition, we may retain an archival copy of your User Content (including any instant messages) after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 6, 9, 11, 12, and 16, and any representation or warranty you make in these Terms, shall also survive indefinitely.
|manjya is providing the Site and Services to you on an “as is, as available” basis without representation or warranty of any kind. manjya makes no guarantees as to the continuous availability of Site and Services or of any specific feature(s) of Site and Services.
The Services and the Site may contain links to third party websites that are not owned or controlled by manjya. manjya has no control over, and assumes no responsibility for, the content, privacy and security practices or policies of any third party website. By accessing the Site and the Services you expressly release manjya from any and all liability arising from your use of any third party website.
6. User Generated Content
The Site contains photos, graphics, audio, video, comments, feedback, suggestions, ideas, and other content provided by third parties (“User Generated Content”). You understand that by accessing the Site or any third party links available on the Site, or by using any Services you may be exposed to User Generated Content that is offensive, indecent or objectionable and you agree that manjya shall have no liability to you for such exposure. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site or any third party links available on the Site, or by using any Services or any part thereof, you assume all associated risks.
By uploading, posting, transmitting or otherwise making any User Generated Content available on or through the Site or the Services, for good and valuable consideration, the receipt and adequacy of which you hereby acknowledge, you are granting to manjya a non-exclusive, sub-licensable, perpetual, irrevocable, worldwide right to use, copy, modify, publish and distribute publicly and prepare derivative works of that User Generated Content or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without any payment to you or to any other party. You also hereby grant each user of the Site and the Services a non – exclusive license to access your User Generated Content and to use, reproduce, distribute, display and perform such User Generated Content in the manner in and for the purposes for which the Site and Services from time to time uses such User Generated Content..
You are solely responsible for any User Generated Content that you submit using the Site and the Services. You represent and warrant to manjya that you have the full legal right, power and authority to grant to manjya and users of the Site and the Services the licenses provided for herein, and that no User Generate Content infringes, violates or otherwise interferes with any intellectual property right, right of privacy, publicity right or other right of any other party, or reveals any trade secret of confidential information of another party manjya reserves the right to remove any User Generated Content from the Site and the Services at any time, for any reason.
7. Your Responsibilities
|You agree not to use the Site, the Services or any portion thereof to:
● upload, post, transmit, publish, add hyperlinks leading to, or otherwise make available:
o any User Generated Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable in the sole judgment of manjya;
o any User Generated Content that you know to be false, misleading, or fraudulent;
o any User Generated Content that you do not have a right to make available;
o any User Generated Content that infringes any right of publicity, patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
o any request for or solicitation of money, goods, or services for private gain;
o any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o any photograph without the permission of each person in the photograph;
o the name or other personal information of any individual without that person’s knowledge and consent;
o any User Generated Content, including any medical information, about an identifiable person without that person’s permission;
● promote any illegal activity;
● impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
● interfere with or disrupt the Site or servers or networks connected to the Site;
● act in violation of any local, provincial, state, national or international law, rule or regulation;
● “stalk” or otherwise harass another user;
● collect or store personal data about other users of the Site, the Software, the Services or any portion thereof;
●Copy any content including, but not limited to third party reviews or vendor menus for republication in print or online;
● to create reviews or other User Generated Content for or with any commercial purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
● take any action that imposes an unreasonable load on the Site’s infrastructure;
● attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Site, the Services or any portion thereof ;
● delete or alter any material posted by any other person or entity; or
● deep-link to the Site and/or access the Site manually and/or with any spiders, robots, web-crawlers, avatars, intelligent agents or any extraction or navigation search device to scrape, copy and/or monitor any portion of the Site r the Services and /or other content on the Site;.
manjya reserves the right to reclaim user names on behalf of persons who hold legal claim or trademark to such user names or for any other purpose.
8. Payments, deposits, and cancellations
Payments for the services will be done through the website.
Deposits (instead of full payment) can be charged for events that are booked for over 30 days ahead of the event date. The following policy for deposits will apply:
If customers choose to cancel the event then the following policy will apply:
9. User Contributions
By submitting user ratings, saved favourites, liked items, ideas, suggestions, feedback, documents, and/or proposals (“Contributions“) to manjya through its comment, “contact us”, suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) manjya is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) manjya shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, and through any type of media; (d) manjya may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of manjya without any obligation of manjya to you; and (f) you are not entitled to any compensation or reimbursement of any kind from manjya under any circumstances. You further grant manjya a license to use your username and/or other profile information including your ratings history and how long you have been a member of manjya, to attribute User Generated Content to you in public parts of the Site. manjya will not be responsible for, and you expressly release manjya from any and all liability for the action of any third party with respect to User Generated Content.
10. Intellectual Property Ownership
|With the exception of User Generated Content, manjya alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the entire contents of the Site and the Services. You shall retain ownership of the User Generated Content you submit (subject to the license granted to manjya in these terms). manjya also owns a copyright in the selection, coordination, arrangement and enhancement of the entire contents of the Site and the Services, as well as in the content original to it. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software, the Site and the Services or the Intellectual Property Rights owned by manjya. manjya name and the manjya name, manjya and the manjya logos, and the product names associated with the Service are trademarks and trade dress of manjya or third parties, and no right or license is granted to use them. All other trademarks not owned by manjya that appear on the Site or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by manjya. Except as set out in these Terms, no reproduction or storing of any third-party content or User Content within the Site or Services is permitted without written permission from the copyright holder of such content.|
11. Representations & Warranties
|Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.|
|You shall indemnify and hold manjya, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim, which if true, would constitute a violation by you of your representations and warranties; or (ii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that manjya (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release manjya of all liability and such settlement does not affect manjya‘s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.|
13. Disclaimer of Warranties
|TO THE FULLEST EXTENT PERMITTED BY LAW, MANJYA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE USER GENERATED CONTENT, ANY THIRD PARTY LINKS THEREON AND THE SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
UNDER NO CIRCUMSTANCES, WILL MANJYA, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE, THE USER GENERATED CONTENT, ANY THIRD PARTY LINKS THEREON OR ANY SOFTWARE, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE AND THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF YOU HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IN NO EVENT SHALL MANJYA’S LIABILITY TO YOU IN CONTRACT< TORT< NEGLIGENCE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO A CHEF AFFILIATE OR $100, WHICHEVER IS LESS.
MANJYA DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION OR FOR ANY UNAUTHORIZED DISCLOSURE OF USER GENERATED CONTENT THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER GENERATED CONTENT WITHIN THE MANJYA SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE TO MANJYA’S DISCLAIMER OF ANY SUCH LIABILITY.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MANJYA, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You waive and shall not assert any claims or allegations of any nature whatsoever against manjya, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content and the Services. You use the Site, the Content and the Services entirely at your own risk.
You shall fully defend, indemnify and hold harmless manjya and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site or the Services and from the use of the Site or Services by any person to whom you give access to your account, including any claims made by any person that any of your User Generated Content infringes the rights, including the intellectual property rights, of any third party.
14. Internet Delays; Data Charges
|manjya‘s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. manjya is not responsible for any delays, delivery failures, or other damage resulting from such problems. You acknowledge that when You use this Service, your wireless carrier may charge You fees for data, messaging, and/or other wireless access. You, and not manjya, are solely responsible for any costs you incur to access this application from your device and for your compliance with your carrier’s fair use policy and terms of service. WITH YOUR CARRIER’S FAIR USE POLICY AND TERMS OF SERVICE.
manjya may provide hyperlinks to other Web sites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that manjya provides a link to a third party Web site does not mean that manjya endorses, authorizes or sponsors that Web site. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. MANJYA IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE SERVICE, YOU DO THIS ENTIRELY AT YOUR OWN RISK. It is up to you to take precautions to ensure that the third party Web site to which you link is free of computer viruses and other items of a destructive nature
16. Local Laws
|manjya provides the Site and the Services from Toronto, Canada. manjya and its licensors make no representation that the Site or Services are appropriate or available for use in other locations. If you use the Site or Services from outside Canada or the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries, and you agree to indemnify manjya and the other Released Parties for your failure to comply with any such laws.. Any use of Site or Services contrary to Canadian or United States law is prohibited.
Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against manjya and, where applicable, you also agree to opt out of any class proceedings against manjya. If you have a claim against manjya, you should give written notice to arbitrate at the address specified below. If we have a claim, we will give you notice to arbitrate at your address provided in your registration data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you believe that any materials published on Site or Services have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement in English containing the following information:
– a description of the infringing material
– a description of the copyrighted work(s) that you believe has been infringed;
– the name of the owner of the copyright,
– your name, your address, telephone number and/or email address,
– a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law,
– a statement that all of the information you have provided is true, and
– a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be addressed as follows:
Attn: Copyright Agent, manjya
110 Adelaide St. East
|We may provide notices to you in any of the following ways. First, we may email you at the email address you provided in your registration data. Second, we may post a notice to you in the profile area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.|
19. Assignment; Change in Control
|This Agreement may not be assigned by you without the prior written approval of manjya but may be assigned without your consent by manjya to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of manjya directly or indirectly owning or controlling 50% or more of you shall entitle manjya to terminate this Agreement for cause immediately upon written notice.|
|This Agreement shall be governed by the laws of Ontario, Canada and the federal laws applicable therein, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and manjya as a result of this agreement or use of the Service. The failure of manjya to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by manjya in writing. This Agreement comprises the entire agreement between you and manjya and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.|
Questions or Additional Information:
|If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail in English to firstname.lastname@example.org|