The Highest Standards of Data Governance
TLC Terms of Use for Customers
These terms and conditions (“Terms”) govern your rights and responsibilities with respect to TLC Digitech Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at 501 Salcon Aurum, Jasola District Center, New Delhi, 110025 India (“TLC”).
TLC is a leading company in the business of conceptualizing, marketing and management of tech-based platforms for hotels, restaurants, hotel companies and other similar businesses in the hospitality industry, and provides a complete suite of tech solutions to its clients. You may refer to our website at: https://tlcgroup.com for further details in relation to our business and clients.
TLC has designed and customized the websites and/or mobile applications (“Platforms”) for and on behalf of its clients. The Platforms are owned by the Client, and TLC provides services in relation to managing and operating the Platforms and the services on the Platforms, on behalf of the Client. Please read the Terms carefully before using the Platforms.
By installing, downloading, subscribing to, or even merely using or accessing the Platforms, you are agreeing to the Terms and concluding a legally binding contract with TLC. Please do not use or continue using the Platforms if you do not accept the Terms.
1. Eligibility
Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, are not eligible to use the Platforms. You represent and warrant that you are at least 18 years of age or above and fully able and competent to agree to the Terms. TLC reserves the right to terminate your account/membership and / or deny access to the Platforms if it is brought to TLC’s notice that you are a minor.
2. Services Offered by TLC
2.1. TLC has developed the online Platforms for the Client to enable the Client to offer its goods and services to you and facilitate reservations and bookings for its restaurant(s) and other facilities at the its hotels/restaurants, via the Platforms.
2.2. TLC merely acts as an intermediary between you and the Client. TLC does not undertake any manufacturing, selling, distribution, preparation, packaging, or any related activities in relation to the products offered to you on the Platforms, nor is it engaged in setting-up and managing any hotels and restaurants, and is also not an agent or broker or in partnership (within the meaning of the Indian Partnership Act, 1932) with the Client. The Platforms only facilitate the sale and purchase of products and services and reservation and redemption of reservations, between you and the Client.
2.3. The software application store(s) which make the Platforms available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that TLC, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Platforms. Any updates or upgrades provided to you shall be considered a part of TLC’s services. You are requested to keep the Platforms updated to ensure a seamless experience and continuity of benefits.
3. User Registration
3.1. You can avail the services offered on the Platforms by creating a user account. You shall provide valid, accurate, current and complete information during the registration process and update it as required in order to keep it accurate. You shall be required to verify your mobile number through an OTP and provide a valid email ID to complete the sign-up process. You are responsible for safeguarding your login details and password and for all activities conducted, or changes, content or updates submitted, through your account.
3.2. Your personal information shall be collected, used, processed and transferred in accordance with TLC’s privacy policy available at [insert hyperlink] (“TLC Privacy Policy”). Your personal information may also be transferred to the Client and shall be used and processed by the Client in accordance with [its own privacy policy / the privacy policy of the Client published on their Platforms. You represent that you have read and understood, and agree to, the TLC Privacy Policy and the Client Privacy Policy.
3.3. You may access the Platforms only through a single phone device registered at the time of account creation, which may be updated by you through the Platforms. You will not provide an e-mail address or mobile number other than your own or create multiple accounts. Duplicate accounts may be suspended or merged into a single account by TLC.
3.4. [You may also register on the Platforms by using your credentials from certain third-party social networking sites. You confirm that you are the owner of any such social media account and are entitled to disclose your login information without breach of the terms which govern your use of such social networking site. Your personally identifiable information posted on such social networking sites may be visible on the Platforms depending on the privacy agreement that you have with such third-party social networking site. TLC is not obligated to pay any fees and is not subject to any usage limitations imposed by such third-party social networking sites.]
3.5. TLC reserves the right to deny access to the Platforms to any individual without assigning any reason and to cancel or suspend any account containing false, fictitious, erroneous, incomplete, or outdated information.
4. Platform Content
“Your Content” means content that you upload, share or transmit to, on, through, or in connection with the Platforms, such as likes, ratings, reviews, feedback, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or are displayed in your account profile, and includes your personal information.
“TLC Content” means content that TLC creates and makes available in connection with the Platforms including but not limited to materials, visual interfaces, interactive features, graphics, design, compilation, computer code, source code, software code, domain names, underlying software and technology, any updates and upgrades to the Platforms, aggregate ratings, reports, related designs, templates, trademarks, service marks and logos of TLC and its affiliates, and derivative works thereof including usage-related data in connection with activities associated with customer account, customer journeys and life cycles and all other elements and components of the services offered on the Platforms, excluding Your Content and Third Party Content.
“Third Party Content” means content that comes from parties other than you or TLC and includes without limitation (1) all information and materials of the Client including Client’s name, establishment name(s), menu, menu items and descriptions/images, trademarks, trade names, logos, word marks, marketing materials, product/service advertisements and related offers and any other intellectual property of the Client used in connection with or published on the Platforms, and (2) any software programs, applications and related content made available to TLC by global platforms such as Salesforce, Heroku, Adobe, etc. under their respective licenses, which are utilized by TLC for building its tech products and the Platforms.
4.1. Your Content
4.1.1. You are responsible for Your Content. You represent and warrant that: (i) you are the sole author of, own, or otherwise control all rights to Your Content or have been granted explicit permission from the rights holder to submit Your Content; (ii) Your Content was not copied from or based in whole or in part on any other content, work, or website; (iii) Your Content was not submitted via the use of any automated process such as a script bots; (iv) use of Your Content by us and any third party users will not violate or infringe any rights of yours or any third party; (iv) Your Content is truthful and accurate; (v) you will not provide any confidential or proprietary information of third parties as Your Content; and (vi) Your Content does not violate these Terms or any applicable laws.
4.1.2. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
4.1.3. You grant TLC a perpetual, non-exclusive, worldwide, royalty-free, assignable, sub-licensable and transferable right to Use Your Content and all intellectual property rights therein for any purpose including in any media existing now or in future. “Use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize and create derivative works. TLC will use Your Content in accordance with these Terms and the TLC Privacy Policy.
4.1.4. You acknowledge that TLC has no obligation to monitor your access to or use of the Platforms for violations of these Terms, or to review or edit Your Content. However, TLC has the right to do so for the purpose of operating and improving the Platforms (including for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms, and to comply with any applicable law, court order or direction or instruction by any governmental authority. You acknowledge that Your Content may be subject to investigation under applicable laws.
4.2. Third Party Content
4.2.1. Third Party Content may include or link to materials belonging to third parties, including the Client. TLC has no control over, and is not responsible for, the operations, business and privacy practices of third parties. TLC does not monitor, endorse, warrant, or make any representations with respect to Third Party Content.
4.2.2. TLC makes no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements, offers and other content of the Client appearing in or linked to from the Platforms and will not be responsible to you for any loss or damage incurred thereto.
4.2.3. TLC is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the Third Party Content or any actions taken or links clicked by you in relation to Third Party Content.
4.2.4. TLC does not make any warranties or representations about any licenses or permits or other information in regard to such permits that may be displayed on the Platforms in relation to the Client, including without limitation any warranties about the validity, authenticity, reliability and accuracy of such permits or information. Any reliance by you upon such certification or information thereto shall be strictly at your own risk and TLC in no manner shall assume any liability for any losses or damages in connection with this information or for non-compliance of any applicable laws by the Client.
4.2.5. Third Party Content may contain certain advertising or promotional materials. Your correspondence or business dealings with, or participation in promotions of, any advertisers found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. TLC will not be responsible for any error, omission, inaccuracy, non-compliance with applicable laws, in or by the advertising material or any loss or damage incurred as a result of your dealings with an advertiser, or as a result of presence of other advertiser(s) on the Platforms.
4.3. TLC Content
4.3.1. TLC is the sole and exclusive owner of the TLC Content. You shall not copy, modify, reproduce, distribute, retransmit, transfer, sell, reverse engineer, decompile, or disassemble the TLC Content or engage in any conduct that infringes, violates or misappropriates any intellectual property rights of TLC.
4.3.2. You acknowledge that your use of the Platforms does not grant, transfer to, or confer upon, you any right, title, license to, or interest in the TLC Content.
4.3.3. You agree to protect TLC’s proprietary rights and to comply with all reasonable written requests made by TLC or its licensors in relation to protection of intellectual property rights. You agree to immediately notify TLC upon becoming aware of any claim that any content on the Platforms infringes any copyright, trademark, or other contractual, intellectual, statutory, or common law rights.
4.3.4. You agree that you shall not: (i) register, or seek or counsel or procure or assist any third party to register any trademark or any word mark or device mark similar to any trademark of TLC, in any country; (ii) dispute or impugn the validity of TLC’s rights in TLC Content, whether registered or unregistered and/or set up any claim adverse to TLC’s rights in relation to such intellectual property; (iii) directly or indirectly, use TLC’s intellectual property in any way which would allow it to become generic, lose its distinctiveness, or otherwise be detrimental to or inconsistent with the good name, goodwill, reputation or image of TLC; and (iv) take any action which would or is likely to prejudice TLC’s rights, title and interest to, or in respect of, its intellectual property.
4.4. Content Removal. TLC reserves the right, at any time and without prior notice, to remove, block, or disable access to any content that TLC considers unlawful, objectionable, in violation of the Terms or otherwise harmful to the Platforms or customers. Subject to applicable law, TLC is not obligated to return any of Your Content. While TLC reserves the right to remove any content, it does not control the actions of customers and does not guarantee the accuracy, integrity or quality of any such content. Any content posted by a customer, and any liability arising from such content, is the sole responsibility of the customer who posted the content, and not TLC.
5. Customer Obligation
5.1. You shall not display, modify, upload, publish, transmit, store, update or share any information on the Platforms that:
5.1.1. Violates any law for the time being in force;
5.1.2. Belongs to another person over which you do not have any right;
5.1.3. Is defamatory, obscene, pornographic, libellous, pedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting bigotry or enmity or hatred between different groups on the grounds of religion or caste with the intent to incite violence;
5.1.4. Is harmful to children or minors;
5.1.5. Infringes any patent, trademark, copyright or other proprietary rights;
5.1.6. Deceives or misleads the reader about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
5.1.7. Impersonates another person;
5.1.8. 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 criminal offence, or prevents investigation of any offence, or is insulting other nations;
5.1.9. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platforms or any connected servers; or
5.1.10. Deceptively advertises other products or services, solicits customers to other businesses, or conceals affiliation with other persons or businesses.
5.2. You shall not utilize any methods that interfere with TLC’s security systems including using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platforms; not spread any viruses, trojan horses, or other computer programming routines that may damage, detrimentally interfere with, or expropriate any system data or personal information. You shall not engage in spamming, including but not limited to any form of emailing, mass e-mailing, posting or messaging that is unsolicited.
5.3. You shall maintain dignified and professional behavior while communicating with TLC, TLC’s employees, the Client, Client’s staff, other customers, customer support, delivery personnel and any other persons relating to your use of the Platforms. You shall not act in a manner that is abusive, harassing, threatening, derogatory, disrespectful, lewd, obscene, offensive, or otherwise inappropriate to such persons. In the event you act in such manner and/or post objectionable or non-compliant information, TLC reserves the right to block your access to the Platforms and/or blacklist you, at any time with or without any notice. TLC maintains a zero-tolerance policy towards such behavior. TLC may also take recourse to law enforcement authorities under applicable law for violation of these Terms, as required.
5.4. You shall use the Platforms for your own use and not for any commercial purposes.
6. Other Terms of Use
6.1. By creating an account, you agree to receive certain communications in connection with the Platforms and Client’s products and services/facilities. You can opt-out or manage your preferences regarding non-essential communications through account settings.
6.2. TLC may contact you via telephone, SMS, e-mail, instant chat, or other electronic messaging with information about your bookings, orders or any feedback thereon. Any calls that may be made by TLC to you or the Client pertaining to any of your booking requests or orders may be recorded by TLC for internal training and quality purposes. You permit TLC to record this information when you avail any telephony services on the Platforms or when TLC contacts you for the purposes stated herein. TLC will store and use this data strictly in accordance with the TLC Privacy Policy.
6.3. TLC represents and warrants that it: (i) does not manipulate the prices of goods and services offered on the Platforms in any manner, including for gaining any unreasonable profit by imposing any unjustified price having regard to prevailing market conditions, essential nature of the good or service, any extraordinary circumstances under which the good or service is offered, and any other relevant consideration in determining whether the price charged is justified; (ii) does not discriminate between consumers in any manner or make any arbitrary classification of consumers affecting their rights under the applicable laws.
6.4. TLC is not responsible and liable in any manner, and shall not provide or be deemed to provide any guarantee/warranty or assurance in respect of: (a) the products, services and experiences offered by the Client to the customers via the Platforms; (b) the quality, due performance and discharge of the Client’s duties and obligations vis-à-vis the customers; (c) the arrangements separately entered into between you and the Client (if any); (d) payments made by the customers to the Client directly for the products and services provided to the customers through the Platforms; (e) deficiencies, incorrect pricing, order mismatch, defects, cancellations, delays, availability issues, if any, in the products, services and/or experiences provided by the Client to the customers or any loss or damage suffered or personal injury caused to the customers pursuant to the products and/or services provided by the Client; and (f) Client’s compliance with its terms and conditions, Client Privacy Policy and applicable laws.
6.5. If the Client ceases to operate an establishment, or if such establishment ceases to be a restaurant/hotel, or if the Client discontinues any facility/service offered to you on the Platforms, you will not be eligible to redeem benefits or avail services at such establishment, even if the relevant service was booked before such incidents.
7. Service Specific Terms
7.1. Offers, Discounts, and Unique Experiences
7.1.1. You may be offered certain discounts, promo codes, unique experiences, or any similar form of benefits by the Client on the Platforms. The Client shall prescribe the terms of such offers and experiences on the Platforms. Please familiarize yourself with such terms before redeeming any benefit.
7.1.2. All such benefits, experiences and offers may be utilized only on an ‘as is’ basis and cannot be exchanged for cash or any other product or service or transferred. The Client may modify, convert, cancel, withdraw and/or discontinue such discounts, experiences or offers, as it may deem fit.
7.1.3. Unique experiences are subject to availability and are non-transferable. You may not sell, assign, transfer, re-market, or otherwise dispose of a unique experience.
7.1.4. TLC is not responsible and liable to you in any manner for non-fulfillment or deficiencies in fulfillment of Client’s obligations vis-à-vis any offers, discounts, promo codes, unique experiences or similar offers, or for any unauthorized access to your account or any unauthorized redemption from your account. You should immediately report any fraudulent account activity to TLC.
7.2. Table Reservations
7.2.1. The Platforms allow you to make table reservations and redemptions at the Client’s restaurant.
7.2.2. You shall receive confirmation of your bookings in real time on the basis of rules set up by the Client, by e-mail, SMS or any other means of communication after the Client confirms the booking. You may cancel or modify the reservation on the Platforms.
7.2.3. Table reservations or modifications in bookings are subject to availability and may be changed without prior notice. TLC is not liable to you in the event of any cancellation of reservation or dining benefits by the Client. TLC will use its best efforts to keep you informed of any changes in the status of your booking.
7.2.4. You are responsible for complying with any code of conduct, dress codes or other policies implemented by the Client.
7.2.5. You acknowledge that TLC is not responsible or liable for: (i) fulfilment of the table reservations, dining/meal experience, pricing of products, order-fulfilment and/or any deficiency/defects in the products and services provided to you at Client’s restaurant; (ii) accuracy or truthfulness of the advertisements and representations made by the Client on the Platforms in relation to the restaurant or dining experiences; (iii) any deficiency, claims, demands, proceedings, liabilities and losses arising in relation to food safety, hygiene and quality or related matters or compliance by the Client with applicable laws; (iv) your in-person interactions and experiences at the Client’s restaurant; or (v) any misconduct / illegal activities by the Client’s staff at the restaurant.
7.3. Food Delivery and Takeaway
7.3.1. You can use the Platforms for placing an order for food delivery, gifting or take-away of food and beverages, wherever applicable, and gift hampers for special occasions, from the Client’s restaurant(s).
7.3.2. The total order price, including taxes, delivery charges and any other charges, will be displayed on the Platforms when you place your order, which may be rounded up to the nearest amount. You shall make full payment towards such amounts via the Platforms.
7.3.3. Please note that your orders are delivered by the Client directly through its own or third party delivery personnel. TLC does not undertake, and is not responsible to you in any manner with respect to, order fulfilment and last mile delivery of the orders placed by you through the Platforms. All obligations relating to fulfillment of the orders shall be the sole responsibility of the Client.
7.3.4. You acknowledge that TLC is not responsible or liable for: (i) acts or omissions on part of the Client’s delivery personnel or staff relating to deficiency in service, quality or adequacy of the products, pricing of products, safety of the order, wrong delivery of the order, delays in delivery, order packaging and related matters; (ii) accuracy or truthfulness of the advertisements and representations made by the Client on the Platforms in relation to its products and services; (iii) any misconduct / illegal activities by the Client’s delivery personnel or its staff at the outlet; or (iv) any deficiency, claims, demands, proceedings, liabilities and losses arising in relation to the quality of food or order delivery.
8. Payments, Cancellations & Refund
8.1. Payments
8.1.1. TLC provides an integrated online payment gateway facility on the Platforms through certain third-party payment aggregators / payment gateways to enable the customers to make payments for the purchase of goods and services offered by the Client (“Payment Gateway”).
8.1.2. In relation to delivery and takeaway orders (as applicable), at the time of placing the order on the Platforms, you shall be redirected to the Payment Gateway for making the payment of the order amount. The order amount shall be equal to the value of the total order placed by you net of any promotional or merchant discounts and includes any delivery or convenience fee or tip along with applicable taxes (including the goods and services tax) (“Net Order Amount”). Upon completion of the payment of the Net Order Amount, an order summary shall be generated on the Platforms and provided to you as a confirmation of the order. The Client will generate the tax receipt and invoice as per the order summary and share that with you along with the delivery of the order. In case of gifting orders, the order invoice will be sent by the Client digitally to the party making the payment and not to the person receiving the order.
8.1.3. TLC is not liable or responsible for: (a) any errors in relation to incorrect details including incorrect personal and bank account details quoted by you; and (b) any refusal of payment or declining of the transaction by the credit/debit card supplier for any reason. You should yourself check with your bank if there are transaction failures.
8.1.4. In no event shall TLC be liable for any damages arising out of the use, down-time, inability to use, or the results of use of the Payment Gateway, any websites linked to the Payment Gateway, or the materials or information contained at any or all such sites.
8.1.5. In relation to table reservations or bookings of any other experience or facilities/services offered by the Client, upon completion and confirmation of a reservation on the Platforms, you shall directly pay the requisite amount at the establishment/restaurant of the Client.
8.1.6. [If you wish to avail any input tax credit on your order fee under the good and services tax law applicable in India, please provide your GST registration number and the company name at the time of making the payment on the Platforms. GST details provided after payment will not be accepted.]
8.1.7. Any tax liability, including disclosure to third parties or governmental authorities, connected with your use of the Platforms is your responsibility. TLC is not liable for any such tax liability, duties, charges or disclosure obligations.
8.2. Cancellations and Refunds
8.2.1. You may cancel an order or reservation within the permissible cancellation window on the Platforms and request for a refund (where applicable) in writing on the Platforms.
8.2.2. If you cancel your order and make a refund request within the permissible cancellation window, TLC will inform the Payment Gateway to refund the relevant order amount to you in the same payment mode through which you had made the payment after deducting any applicable charges of the Payment Gateway service provider (if any) and cancellations fees (if any). Completion of refunds may take up to two weeks and the refund amount will reflect in your bank account based on the respective bank’s policies.t
8.2.3. There may be cases where the Platforms are either unable to accept your order/reservation or cancel the order due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to TLC or the Client. In such cases, TLC shall not charge a cancellation fees from you and the entire amount will be reversed to you.
8.2.4. Other than the refund requests made by you within the permissible cancellation window, TLC is not responsible in any manner for any other refund requests which you may have on account of: (i) quality and efficacy of Client’s goods and services; (ii) due performance and discharge of Client’s obligations vis-à-vis your orders; (iii) any payments made by you directly to the Client; (iv) deficiencies, incorrect pricing, order mismatch, defects, cancellations, delays, availability issues if any, in the products, services and/or experiences provided by the Client to you; (v) any loss or damage suffered or personal injury caused to you pursuant to the products and/or services provided by the Client; or (vi) Client’s compliance with applicable laws. In such instances, you may contact the Client directly, or request TLC to share the Client’s details with you, for effective communication and dispute resolution.
9. Limitation of Liability and Indemnification
9.1. The Platforms are made available to you on an as-is and as-available basis, without any implied representations or warranties. TLC makes no representations about the suitability of the Platforms for you. Your usage of the Platforms is voluntary and at your own risk.
9.2. TLC uses commercially reasonable efforts to ensure seamless functioning of the Platforms and implements reasonable security policies in accordance with applicable laws. However, TLC does not warrant that your access to the Platforms will be uninterrupted or error-free or that information accessible through the Platforms will be free from unauthorized access or alteration, viruses, bugs, malwares or other harmful components. You acknowledge that the Platforms are subject to limitations and problems inherent in the use of communications facilities. Your usage of the Platforms depends on your mobile network carrier or internet service provider. TLC is not responsible and liable for any interruptions, malfunctions, delays, unauthorized access, cancellations, data loss, content corruption, damage to operation, security or functionality of your device(s), or other damage resulting from these problems, or due to failure of network connectivity at your end.
9.3. The representations and warranties set forth in these Terms constitute and express the entire understanding between you and TLC with respect to warranties. TLC disclaims warranties of any kind not expressly stated herein, whether implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, title and non-infringement.
9.4. In no event shall TLC be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages or losses whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill or reputation, costs of procurement of substitute goods or services, any intangible losses, or losses arising from causes beyond TLC’s control.
9.5. Indemnification
9.5.1. You agree to indemnify, defend, and hold TLC, its affiliates and their respective officers, directors, employees, agents and licensors (collectively, “Indemnified Parties”), harmless from and against any and all claims, proceedings, judgments, deficiencies, damages, liabilities, losses, costs (including reasonable attorneys’ fees) and other expenses arising directly or indirectly from: (i) any breach by you of these Terms or the TLC Privacy Policy; (ii) any use or access or unauthorized use or access of the Platforms and services from your user account; (iii) any infringement or violation of copyrights, trademarks, trade secrets or other intellectual property rights by you or by Your Content of TLC, Client or any third party; and/or (iv) any violation of applicable laws by you or Your Content.
9.5.2. TLC retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against the Indemnified Parties. TLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties and you agree to cooperate with TLC for defense of these claims. You agree not to settle any matter in which any Indemnified Party is named as a defendant and/or for which you have indemnity obligations without TLC’s prior written consent. TLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Termination of your Access
10.1. You can delete your account at any time by following the account deletion process on the Platforms or by writing to TLC via the contact details mentioned in these Terms. Subsequent to any deletion of your account or withdrawal of your registration, TLC will retain your account related information, including personal information and purchase history, strictly in accordance with applicable laws and the TLC Privacy Policy.
10.2. TLC may immediately, without notice or limitation, terminate, deactivate or block your access to the Platforms if you: (i) violate these Terms or the TLC Privacy Policy or any other applicable additional terms, or appear to be using the Platforms in a manner inconsistent with these Terms; (ii) fail to promptly pay any applicable dues; (iii) are suspected or found to acting in an abusive or fraudulent manner or engaging in any conduct that artificially, improperly, or deceptively impacts the use of the Platforms (including, without limitation, use of any “bot,” macro, or other automated means of accessing the Platforms); (v) make any misrepresentation in connection with the Platforms; (vi) disturb, or cause nuisance to, other guests/customers at the Client’s establishment or otherwise disrupt the normal operations of the Client; (vii) act in any manner inconsistent with applicable law; or (viii) [allow your user account to remain inactive for a period of certain months.
10.3. You acknowledge that TLC may provide your account details to any court of law or enforcement authorities to cooperate with any notices, investigations, proceedings, claims, etc. received by TLC. TLC will take reasonable efforts to inform you of such correspondence with such governmental or judicial authorities, as required.
11. Governing Law & Dispute Resolution
These Terms will be governed by, and construed in accordance with, the laws of India, without reference to any conflicts of laws provisions. The courts in New Delhi, India shall have exclusive jurisdiction in relation to any matter arising under these Terms.
12. Miscellaneous
12.1. Binding Decisions. Subject to applicable laws, all interpretations of these Terms are at TLC’s sole discretion, where applicable, and TLC’s decision will be final and binding.
12.2. Partnership or Agency. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and TLC and you shall have no authority to bind TLC in any form or manner whatsoever.
12.3. Survival. Your obligations under these Terms pursuant to clauses which by their nature survive any termination, suspension, deactivation or deletion of your account, shall survive such termination, suspension, deactivation or deletion.
12.4. Severability. In the event that any provision of these Terms is considered illegal or becomes, or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, then such provision shall be stricken from the Terms and the remainder of the Terms shall be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in the Terms, and such declaration shall not apply to any other circumstances or to any other party not controlled by such determination. If the illegality has retrospective effect, then such provision(s) shall be deemed to be ineffective from its incorporation in the Terms or from when such illegality has taken effect, whichever is later.
12.5. No Waiver. No failure or delay by TLC in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms nor shall any single or partial exercise by TLC of any right, power or privilege preclude any further exercise of that right.
12.6. Conflict. In the event of any conflict or inconsistency between these Terms and the terms and conditions prescribed by the Client, these Terms shall prevail, unless otherwise agreed between the Client and TLC.]
12.7. Amendments. TLC reserves the right to amend these Terms at any time at its sole discretion without any notice to you and the amended Terms will be posted on the Platforms. The date on which the terms have been amended will be displayed on the Platforms along with the Terms. You shall be responsible for updating yourself with such changes, if any, by accessing the Terms on the Platforms. Any use or continued usage of the Platforms after such amendments will constitute your express acceptance of such amended Terms.
13. Contact Details
13.1. TLC’s Details
(i) Name of the company: TLC Digitech Private Limited (formerly, TLC Relationship Management Private Limited)
(ii) CIN: U74999DL2003PTC118849
(iii) Registered address: 501 Salcon Aurum, Jasola District Center, New Delhi, India
(iv) Website: https://tlcgroup.com/
(v) Contact details: +91 11 4070 1234
13.2. Grievance Redressal
13.2.1. You may reach out to us for grievances or complaints in relation to the Platforms: (i) through the chat support or call feature on the Platforms for real time resolution; or (ii) by writing an e-mail to [email protected] ]. You will receive a unique ticket number to track the status of your complaint.
13.2.2. TLC will strive to resolve your order or reservation related grievances promptly and within the timelines prescribed under applicable laws.
13.2.3. Where your grievances relate to the Client’s obligations vis-à-vis you under these Terms (for instance, deficiencies in products, services or experiences to be provided by the Client or refund requests to be raised with the Client in accordance with clause 8.2), TLC shall use its best efforts to help you resolve it with the Client. TLC will forward your complaint to the Client and/or its grievance officer and will use its best efforts to keep you informed of the status of your complaint. You can also contact the Client directly via the Client customer care number on the Platforms for effective communication and resolution.
13.2.4. While TLC takes assurances from the Client that customer complaints shall be resolved expeditiously and within the timelines prescribed under applicable laws, TLC is not responsible or liable for the Client’s policies or grievance redressal mechanisms.
13.2.5. Complaints which are not satisfactorily resolved can also be escalated to TLC’s Grievance Officer, at the contact details set out below. You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by from you.
13.2.6. Grievance Officer / Nodal Officer
The following information is provided in accordance with the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the rules made thereunder:
Grievance Officer / Nodal Officer
Shailendra Dixit
Grievance cum Nodal Officer
TLC Digitech Private Limited
501 Salcon Aurum, Jasola District Center, New Delhi, India 110025
Phone: [+91 11 4070 1234]
Email Address: [email protected]
Timings: 9:30 AM - 6.30 PM
Last Updated: [September], 2023