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2. Binge Application
(i) “Binge Application” shall mean the cross platform application namely ‘Binge’ which provides specific Services ( as defined hereinafter) to the Users. The Binge Application shall also include any upgrades provided by us to support any new functions and services from time to time. The Binge Application may be used by Users in Binge enabled locations.
(ii) The Binge Application may be upgraded from time to time and in such event, the Users are advised to install such upgrades, in order to ensure that the Binge Application functions efficiently, as intended by Noroc.
(iii) The installation and use of the Binge Application shall be at your sole discretion and risk.
(i) The services available on the Binge Application are accessing/ tracking the details of the orders of food and beverages placed at Binge enabled establishments, i.e., restaurants, bars, cafes, etc (“Establishment/s”) and making the payment of bills in relation to the orders placed there at. The aforesaid services shall be referred to as “Services”.
(ii) Noroc reserves the right to alter the Services available on the Binge Application at its sole discretion, without issuing any prior notice to you. The binding nature of the change shall be the same as is set out in Clause 1(ii) above.
(iii) Other than the Services detailed above, the Binge Application does not sell any goods or provide any other services and as a result, the Users would not be permitted to make the payment of any bills, which do not relate to the Services.
(ii) The information provided by you as set out above would be governed by Clause 8 below.
(iii) Upon completing the registration, you would be required to choose a user name and a password which would enable you to use the Binge Application for the Services while transacting with the Binge enabled Establishments. You shall not share your password with any third party. Noroc shall not in any manner be liable for the consequences of the misuse of your username and the password by any third party.
(iv) In the event that you are of the opinion that your username and password is being misused by any third party, you shall immediately inform Noroc and terminate the usage of the Binge Application. Noroc shall not be responsible or liable for any such misuse and you shall be liable to indemnify Noroc for any and all losses that Noroc may suffer in view of the said misuse.
5. Availability of Services
(i) Only Users above the age of 18 (eighteen) years shall be permitted to download/ install and use the Binge Application. The Users shall not impersonate or misrepresent their identity or age.
(ii) You shall be permitted to use the Services available on the Binge Application solely for your personal use. You shall not sell or exploit, in any manner whatsoever, any part of the Services available on the Binge Application for any commercial purpose.
(iii) You shall not use the Binge Application in a manner that is or considered fraudulent, unlawful or illegal under any law for the time being in force. You shall use the Binge Application in accordance with all applicable laws for the time being in force.
(iv) In the event Noroc has cancelled a User’s registration or prohibited a User from using the Binge Application, then such User shall adhere to such cancellation and/ or prohibition, and shall not use the Binge Application, either by impersonation or misrepresentation or in any manner.
6. Charges or Fees
(i) The Binge Application is made available to you free of charge for your personal use. Noroc reserves the right to charge a fee from you for the download and/ or use of the Binge Application at any time, subject to prior notifications issued by us in relation to the same.
(ii) Any charges or fees levied by your network service provider for access to the network services for the download/ installation and use of the Binge Application shall be solely borne by you and Noroc shall not have any liability in this regard.
(iii) Any other charges, such as any charges levied by your bank, which may accrue while using the Binge Application shall be borne solely by you and Noroc shall have no liability in this regard.
7. Use of Services
(i) Users can use the Binge Application at any of the Binge enabled Establishments. Users would be required to provide their username to the representative at the Establishment at the time of placing the order for their meals, which would allow the Establishment to enable the Services in relation to that User. The Users will then receive the details of the order placed by them and the bill amount for such order, on their mobile phones, tablets, wireless laptops or any device through which the Binge Application has been downloaded/ installed (“Device”). Users may place any additional orders, which would get added on to the Users’ tab. After the Users have finished their meal, they can then pay the bill by using one of the saved credit/ debit cards or by using a new credit/ debit card at the time of making the payment. Upon payment, the Users on their Device and the Establishment will both receive an alert confirming the debit and credit of the payment. The receipt of any alerts by the Users on their Device in relation to the orders placed by them or the payment made by them would depend on the network connectivity of the service providers being used by them and other external factors and Noroc shall not be responsible or liable in relation to the same.
(ii) Other than the alert sent to your Device immediately after the payment, Noroc will also issue a payment receipt in relation to the payments made using the Binge Application, through an email to be sent to the registered email address. The receipt of the payment receipts in your email would depend on certain external factors and Noroc shall not be liable for the non-receipt of the same. In addition, Users may contact us in the manner as set out in Clause 15 below if they require a copy of the payment receipt to be emailed. A User may also request an Establishment to provide a payment receipt/ invoice and the Establishment may, at its discretion, provide a receipt acknowledging the receipt of the payment. However, Noroc shall have no liability with respect to any failure on the part of the Establishment to provide a payment receipt/ invoice.
(v) All payments made using the Binge Application shall be a transaction between the Users and the Binge enabled Establishments and they shall in no manner be deemed to be a transaction between the Users and Noroc.
(vi) The Binge Application enables the Users to access the transaction history of the payments made using the Binge Application over the immediately preceding 3 (three) months. However, Noroc will not provide the Users with periodic statements of the transactions made using the Binge Application. For periodic statements of the transactions made using your credit/ debit card, please contact the bank which has issued such credit/ debit card.
(vii) You shall not use the Binge Application on any Device, unless you are the owner of such Device and in the event you are not the owner of a Device, you shall not use the same except with the prior permission of the owner of the Device. However, the owner of the Device shall be responsible for all transactions made through the Binge Application using the said Device.
9. Refund Policy
All payments made using the Binge Application are non-refundable. In case of any unwarranted transactions, then the User may contact Noroc using any mode of communication as specified in Clause 15 below, and provide the requisite details and supporting documents in relation to such unwarranted transactions. Noroc may, at its discretion and as deemed fit, upon an investigation by it, refund the transaction amount to the User.
10. Intellectual Property Rights
(ii) You shall not replicate, alter, amend, reverse-engineer, deconstruct or decompile the Binge Application, unless you are expressly permitted by Noroc in writing to do so. You shall also not allow or encourage any third parties to do any of the aforesaid activities on your behalf.
(iii) You shall not generate any imitative or derivative product of any form, of the Binge Application, nor allow or encourage any third parties to do the same.
11. Limitation of Liability
(i) Noroc makes no warranty and is not responsible for any content on the Binge Application in relation to the services provided by the Establishments, as the content is provided directly by the said Establishments.
(ii) Noroc shall not be liable for any delay in or omission of display or transmission or any error in the content in relation to the Services.
(iii) Noroc shall not be liable in respect of the food and beverages, the services, the receipt or non-receipt thereof and/ or the quality of either provided by any of the Binge enabled Establishments. Any dispute in relation to the quality, cost, etc shall be resolved between the Users and the Establishments.
(iv) Noroc makes no warranty and is not responsible for any unauthorized transactions and/ or errors in the payment transactions initiated and completed using the Binge Application. The User may accordingly directly contact its bank or the third party providing the said payment gateway services for any such matters.
(v) Noroc makes no warranty, express or implied, regarding the operational services in relation to the Binge Application, as the operation of the same is dependent on various factors beyond the control of Noroc, such as the specifications of the Devices, network services, services of the Binge enabled Establishments and the payment gateway, etc. Users understand that the Binge Application and other software used in connection with the Services may not be uninterrupted, error free or free from any virus or other malicious code.
(vi) Noroc shall not be liable for any default/ error/ fraud caused by and/ or which occurs due to a Binge enabled Establishment or the payment gateway.
(vii) Noroc shall not liable for any damage, adjustment or modification that may be caused to your Device as a result of the download/ installation and/ or use of the Binge Application.
(viii) Noroc shall not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Binge Application. Please note that the use of the Binge Application is at your own discretion.
(i) Noroc reserves the right to terminate your account or your use of the Services at any time, at its sole discretion, without issuing any prior notice to you. Upon such termination, all rights vested in you in relation to the Binge Application shall cease with immediate effect. Once your account or your use of the Binge Application has been terminated by Noroc, you shall not be permitted to use the Binge Application directly or indirectly, whether by yourself or through any third person.
(ii) Noroc reserves the right to terminate the Binge Application and the Services or any part thereof at any time at its sole discretion, without issuing any prior notice to you. Upon such termination, all rights vested in you in relation to the Binge Application shall cease with immediate effect.
(iii) The Users may terminate the use of the Binge Application at any time by uninstalling the Binge Application on their Device.
14. Governing Law and Jurisdiction
15. Customer Support