Terms of Service
I. Acceptance of terms
Thank you for using WishDish. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the WishDish website at www.wishdish.in (the "Site") and any related mobile or software applications ("WishDish Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future WishDish users, including but without limitation to users having access to 'restaurant business page' to manage their claimed business listings if any.
Please read these Terms carefully. By accessing or using the WishDish Platform, you are agreeing to these Terms and concluding a legally binding contract with “WishDish”. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the WishDish Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by WishDish in the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that WishDish will treat your use of the Services as acceptance of the Terms from that point onwards.
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'restaurant business page' to manage claimed business listings or otherwise if any.
"Content" will include (but is not limited to) suggestions, comments, reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "WishDish Content" means content that WishDish creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than WishDish or its users and is available on the Services.
"Restaurant" means the restaurants listed on WishDish and any related mobile or software applications of WishDish.
III. Eligibility to use the services
IV. Changes to the terms
- You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
- Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
WishDish may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of WishDish Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Provision of the services being offered by WishDish
- WishDish is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which WishDish provides, may require effecting certain changes in it, therefore, WishDish reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
- We, the software, or the software application store (in future) that may make the software 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 we, 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 Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if WishDish disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- You acknowledge and agree that while WishDish may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, WishDish may set such fixed upper limits at any time, at WishDish's discretion.
- By using WishDish's Services you agree to the following disclaimers:
WishDish reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the WishDish Platform anytime in future.
WishDish may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the WishDish Platform terms. Further, WishDish reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if WishDish determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or WishDish Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, WishDish reserves the right to modify, cancel and discontinue its Program without notice to the User.
VI. Use of services by you or user
1. WishDish User Account Including 'Claim Your Business Listing' Access
- The Content on these Services is for informational purposes only. WishDish disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated.
- All the images displayed on the website or mobile application as the case maybe are only for aesthetic purpose and for reference only and do not represent the actual image of the dish or cuisine.
- WishDish does not guarantee quality of the Goods recommended.
- All images contained on these Services (website/mobile application/social media platforms as the case maybe) have been taken from various sources including social media platforms, online search engines and restaurant websites. Please email a takedown request (by using the "Contact Us" link on the web page) to WishDish if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. WishDish does not own the rights to these images. Request anyone who has an objection, issue or concern on the usage of these images by WishDish, to write to us with your concerns and WishDish shall immediately act on it to your satisfaction.
2. Others Terms
- You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
- In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that you are the owner or authorized agent of such 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.
- You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your WishDish account for any purpose and that you will be liable for such unauthorized access.
- By creating an account, you agree to receive certain communications in connection with WishDish Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account.
1. Your License to WishDish Content
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to use the data owned by WishDish (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with WishDish in writing.
- You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by WishDish, unless you have been specifically allowed to do so, by way of a separate agreement with WishDish. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
2. WishDish License to Your or User Content
- We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of WishDish Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, WishDish Content.
3. Representations Regarding Your or User Content
- By submitting Your Content you hereby irrevocably grant WishDish a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'restaurant business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against WishDish or its Users, any third party services and their users.
4. Content Removal
- You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
- If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
- 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. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not WishDish.
5. Third Party Content and Links
- We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
6. User Reviews/Ratings
- We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
- We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that WishDish is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
- You further acknowledge and agree that WishDish is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Initial Dish Ratings
- WishDish receives multiple reviews or ratings for Restaurants/Dishes by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on WishDish is the personal opinion of the user/reviewer only. WishDish is a neutral platform, which solely provides a means of communication between users/reviewers. The advertisements published on the WishDish Platform are independent of the reviews received by such advertisers.
1. Content Guidelines
- Since WishDish is a platform that recommends marquee dishes, it is of utmost importance that the effort and research done in finalising these dishes is given considerable weightage. Thus, 100 5-star ratings have been pre-allocated to each of the WishDishes to ensure no unreasonable dilution takes place.
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
IX. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
- Violate our Guidelines and Polices;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- "Hacks" or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other users of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
2. You acknowledge that WishDish has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
3.You hereby agree and assure WishDish that the WishDish Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of WishDish in any form or manner whatsoever.
X. User feedback
- If you share or send any ideas, suggestions, changes or documents regarding WishDish's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) WishDish is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) WishDish may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against WishDish and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on WishDish's existing products or marketing strategies; do not include any ideas that WishDish's policy will not permit it to accept or consider.
- Notwithstanding the abovementioned clause, WishDish or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to WishDish or any of its employees.
- The purpose of this policy is to avoid potential misunderstandings or disputes when WishDish's products or marketing strategies might seem similar to ideas submitted to WishDish. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
- Terms of Idea Submission : You agree that: (1) your Submissions and their Contents will automatically become the property of WishDish, without any compensation to you; (2) WishDish may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for WishDish to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
XII. Termination of your access to the services
- Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by WishDish on the Services are subject to change without specific notice to you. In consideration for WishDish granting you access to and use of the Services, you agree that WishDish may place such advertising on the Services.
- Part of the site may contain advertising information or promotional material or other material submitted to WishDish by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the WishDish Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than WishDish found on or through the WishDish Platform and or mobile apps, 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. WishDish will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the WishDish Platform and mobile application.
1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page and cease further use of the Services.
2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XIV. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
2. Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
4. Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and WishDish and you shall have no authority to bind WishDish in any form or manner, whatsoever.
5. Governing Law/Waiver:
(a) These Terms shall be governed by the laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
(b) YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
6. Carrier Rates may apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
7. Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XV. Notice of copyright infringement and grievance redressal mechanism
WishDish shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the WishDish Platform, or items advertised on the WishDish Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
- Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature;
Send the written communication to:
Mr. Jatin Nayak
2/10 Bimal Apartments, Hindu Friends Society Road, Jogeshwari East, Mumbai 400060,
Email: firstname.lastname@example.org for any concern/suggestion.
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.