Privacy

To coverage full scope for managing restaurant, we created certain add-on which restaurateurs can avail via paying through online Payment Gateway. Below are the Terms and Conditions for the same.

Introduction

• 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 website at www.menew.in (the “Site”) and any related mobile or software applications whether existing now or in the future (“the App”) of Demenew or “We” or “Us”.
• By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms “), privacy policy and License Agreement. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

Definitions

• “Services” will include business applications like Feedback management mobile app and web app, which are integrated to Demenew POS.
• “Content” means the content that Demenew 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, functionalities, 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. It will include (but is not limited to) images, photos, audio, video, 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, customer information, information on number of tables, table availability, table usage and any other materials that you display or are displayed in your account.

General Rules Relating to Conduct

• The App is made available for your own, personal use. We grant you a personal, limited, nonexclusive 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.
• When you use the App, you must comply with all applicable laws of India and with any applicable international laws (together referred to as “Applicable Laws”).
• You agree that when using the App, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
  • Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
  • Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
  • Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
• You agree to indemnify Demenew in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

Intellectual Property Rights and Content

• We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with the Services and Our Content. All rights are reserved.
• You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
• To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law right.
• You further acknowledge that the Services may contain information which is designated as confidential by Demenew and that you shall not disclose such information without DeMeNew’s prior written consent.
• 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, our Content or our Intellectual Property Rights.
• By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, nonexclusive, royalty-free, right to use Your Content for any purpose including API partnerships with third parties and in any media existing now or in future. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, by any third-party services and our and their users.
• You are responsible for Your Content. You represent and warrant that
  • 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 their third-party users will not violate or infringe any rights of yours or any third party; and
  • Your Content does not violate the Terms or any applicable laws.
• 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.
• Demenew may monetize some of this Content through the use of third-party affiliate programs. Notwithstanding such affiliate programs, Demenew does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites or their availability or contents.
• Please note that your use of third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.
• Third party content, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.
• We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. 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 Demenew 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.
• We assume no responsibility or liability for any of Your Content or any third-party content.
• You further acknowledge and agree that Demenew 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.

Free Trial and Fees

• You may start using our App with a free trial. The free trial period of the App lasts for one week, or as otherwise specified during sign-up and is intended to allow you to try the service. You will be notified during sign-up whether you are eligible for a free trial.
• We will bill your Payment Method for your yearly membership fee at the end of the free trial period unless you uninstall the App prior to the end of the free trial period. You will not receive a notice from us that your paid membership has begun.
• You may cancel your membership at any time. However, we do not provide refunds or credits for partial membership periods.
• We may change our service plans and the price of our Services from time to time.

Demenew Privacy Policy

• We take your privacy very seriously. Demenew will only use your personal information in accordance with the terms of our privacy policy. By using our POS software, you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

Disclaimer / Liability

• USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DEMENEW DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, AS BETWEEN DEMENEW AND YOU, ARE HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
• Demenew will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:
  • economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
  • loss of goodwill or reputation; or
  • special or indirect or consequential loss.
• IF DEMENEW IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS.

Service Suspension

• Demenew reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Advertisers In the App

• We accept no responsibility for advertisements contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Demenew, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

General

• These Terms (as amended from time to time) constitute the entire agreement between you and Demenew concerning your use of the App.
• Demenew reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Demenew.
• We will send you information relating to your account in electronic form only.
• These Terms shall be governed by and construed in accordance with Indian laws and you agree to submit to the exclusive jurisdiction of the Telangana, India.
• If any provision(s) of these Terms 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 parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
• DeMeNew’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Demenew in writing.

PRIVACY POLICY

Last Updated: January 10,2022

• We, Demenew Tech Pvt. Ltd (“We”, “Us”, “Our”, “Company”), respect the privacy of everyone who visits this website, uses the desktop application and/or uses our mobile applications (the website, desktop application and the mobile application are collectively called, the “MeNew Platform”). The Company has created the MeNew Platform and licensed the use of the same, as part of its business operations. The services are rendered by the Company through the MeNew Platform.
• We are highly committed to the privacy of your data and information and in providing services to all the subscribers / users of the MeNew Platform. As a result, we would like to inform you regarding the way we would collect, process, store and use your personal data. We recommend you to read this privacy policy (hereinafter referred to as “Policy”) so that you understand our approach towards the use of your personal data. This Policy shall form part of the Terms of Services and any other additional Terms of Use issued by the Company with respect to the use of the Services in the MeNew Platform and is in compliance with applicable laws and regulations.
• By submitting your Personal Information (as defined hereinafter) to us and indicating your agreement with this Privacy Policy, you (or anyone who accesses and uses the MeNew Platform shall be referred to as “You”, “Your” or “User” as the context may require) will be treated as having given their permission, wherever necessary and appropriate to our collection, use and disclosure of Personal Information and accept this Policy along with any amendments or modifications as may be made from time to time. If you do not wish to provide any Personal Information, you are not entitled to use any of the MeNew Platform or avail any of the services provided in the MeNew Platform (“Services”). This Privacy Policy is subject to our general Terms of Services provided at the time of signing up. (“Terms”).

Personal Information

• We limit the collection of personal data to only that which is absolutely necessary to carry out our legal or business obligations. In some cases, however the provision of personal data may be partly required by law (e.g., tax regulations), is needed as part of or as a result of contractual negotiations, or as part of providing a service. The non-provision of the personal data would have the consequence that the contract or service with the data subject could not be provided or concluded, therefore is considered legitimate interest for processing.
• Any information that is collected from you during the process of registration and subscription of the Services available at the MeNew Platform, further during the course of accessing and using the Services available at the MeNew Platform, shall be referred to as Personal Information. Personal Information shall include, but not limited to:
  • Name/ Company Name
  • Email
  • Phone number
  • Address
  • We also collect your billing information when you use our Services through our MeNew Platform.
  • During the process of completing any customer survey, any information or reviews or comments mentioned by you.
  • Any sensitive personal data information as provided under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 such as passwords, financial data, data identifying the gender of the person, etc.
• We also collect information relating to your usage of the MeNew Platform necessary for the purpose of providing you with the best possible service.
• When you visit the app, we may collect certain non-personal information as well. We may collect additional information including, the type of device you use for accessing the Services, IP address of your device and any other information about the manner of usage of the MeNew Platform and access to the Services. We are entitled to collect the information relating to pattern of your use of the MeNew Platform.
• We use temporary and permanent cookies and we obtain certain types of information when you access the app or advertisements and other content served on the MeNew Platform to secure and enhance your overall experience of using our Services. This information may include, but not limited to your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. We use cookies primarily for authentication but may also use them to improve the quality of our Service by storing your preferences and tracking your usage trends.
• When you download or use our MeNew Platform for accessing the Services through your mobile, we may receive information about your location and your mobile device, including a unique identifier number for your device. We may use this information to provide you with Services if required. We use mobile analytics software to allow us to better understand the functionality of our app on your phone. This information may include, but not limited to, how often you use the MeNew Platform, the events that occur within the MeNew Platform, aggregated usage, performance data, and where the MeNew Platform was downloaded from.
• When You send emails or other communications to Us, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services.
• We gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
• Where the legal basis for Us processing Your personal data is that You have provided Your consent, you may withdraw Your consent at any time. You will not suffer any detriment for withdrawing consent. If You withdraw such consent, this will not make processing which We undertook before such withdrawal of your consent unlawful.
• You can withdraw Your consent by contacting the Data Protection Officer, details of whom are provided within this Privacy Policy.

Rights of a Data Subject

• Right to be informed: You have the right to be informed about what information is being collected, and how it is being used.
• Right of access: You have the right to access and receive a copy of Your data
• Right to rectification: You have the right to correct any inaccurate data, or complete any incomplete data.
• Right to erasure: You have the right to request the erasure of your data, under the following circumstance:
  • The data has been collected or processed in contravention with relevant laws;
  • The data is no longer required for the provision of Services;
  • You wish to withdraw your consent for the use of Your data; or
  • Such erasure is necessary for compliance with any laws in force at the applicable time and jurisdiction.
• Right to restrict processing: You have the right to request us to restrict the use of the data You have provided, but continue to retain it in our database.
• Right to data portability: You have the right to request a copy of Your personal data for personal use and/or to have their personal data transmitted to another party.
• Right to object to processing: You have the right to object to the processing of Your personal data in certain circumstances such as for direct marketing purposes.
• Rights in relation to automated decision making and profiling: You have the right not to be subject to a decision that is based on:
  • Automated individual decision-making – Making a decision solely by automated means without any human involvement.
  • Profiling – Automated processing of personal data to evaluate certain things about an individual.
• Depending on the circumstances and the nature of Your request it may not be possible for Us to do what You have asked, for example, where there is a statutory or contractual requirement for Us to process Your data and it would not be possible to fulfil Our legal obligations if We were to stop. However, where You have consented to the processing, you can withdraw Your consent at any time by emailing the Data Protection Officer. In this event, we will stop the processing as soon as such processing is no longer necessary for the provision of the Services.
• If You want to exercise any of the rights described above or are dissatisfied with the way we have used your information, please contact Our Data Protection Officer. We will seek to deal with your request without undue delay. Please note that We may keep a record of Your communications to help us resolve any issues which You raise.
• If You remain dissatisfied, you have the right to lodge a complaint with the Information Commissioner’s Office at the ICO website.

Usage of Personal Information:

• We use the Personal Information and all other information provided by you to process your request for Services and to provide you the Services.
• We may use the Personal Information for data analytics, either for you or for third parties.
• We use the Personal Information to enhance our Services, provide support to you, communicate with you and comply with our legal obligations, including for auditing purposes.
• From time to time, we may share the Personal Information to third parties which we consider may have goods or services which are of interest to you. Such Personal Information are shared as part of the business understanding and the confidentiality of the Personal Information shall be protected at all times.
• We may use the Personal Information in any other manner that we may deem fit, in compliance to the applicable laws. We may also disclose Personal Information, in good faith, wherein the access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect us against imminent harm to our rights, property or safety, or as permitted by law or (e) in order to showcase the Company outreach and business portfolio, its scope and business volume to potential investors.
• If you sign up to receive email newsletters or promotional materials from us, we will use the information you give us to provide the communications you have requested. You can cancel email newsletters or promotional materials by selecting unsubscribe at the bottom of such communication. If you no longer wish to receive push notifications, you may turn them off at your device level.

Security of Your Personal Information

• We endeavor to take appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your Personal Information and to maintain data security. These safeguards take into account the sensitivity of the Personal Information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.
• We host our product in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security us.
• We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your Personal Information secure. You should not share your user’s name, password, or other security information with anyone. If we receive instructions using your user’s name and password, we will consider that you have authorized the instructions. You using the MeNew Platform and accessing the Services provided by the Company shall mean that you have agreed to the terms of this Policy and no such separate agreement is required from your end.
• You acknowledge that we shall not be liable to you under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of, or a breach or, or compromise of registration of your account with us and/or your ability or inability to use your account.

Retention of Personal Information

• Your personal data will not be kept for longer than is necessary to fulfil the specific purposes outlined in this Privacy Policy, and to allow Us to comply with relevant legal requirements.
• Any data We do hold onto will be anonymous. Any personally identifiable information such as Your name, address, date of birth and telephone number will be deleted after a period of 10 years from the termination of Services.
• The rest of the data is therefore anonymous and will be used to analyze general market and website trends but without an identifiable personal information.

Transfer of Data

• We may transfer to, and store the data we collect about you in, countries other than the country in which the data was originally collected, including Singapore. Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the European Economic Area (“EEA”) and outside the United Kingdom.

Transfer of information to Third Parties

• You understand that the MeNew Platform not only provides Services directly from the Company, it also provides certain Services through API integration of certain third-party service providers.
• You agree and acknowledge that we shall appoint certain third-party vendors and service providers to provide such services in the MeNew Platform or facilitate the provision of Services in the Demenew Platform. Whenever the MeNew Platform redirects you to the platforms / apps owned by such third-party service providers, such third-party service providers shall have access to your Personal Information, which may be recorded by such third-party service providers as required under the applicable law. When you agree to use the MeNew Platform and subscribe to the Services provided by the Company through the Demenew Platform, you understand and acknowledge that there are third party vendors involved in the marketplace services and you agree to accept the privacy policy provided on the website or apps or platforms of such third-party vendors. Further, we shall not have any access to such personal information recorded by the third-party service providers and thus we shall not be held liable for any breach of confidentiality obligations by any third-party service providers. We are not aware of the modus operandi of such third-party vendors individually. It is your duty to study and understand the privacy terms of such third-party sites.
• The types of third parties we may share elements of your personal data with include, but are not limited to:
  • payment processors engaged by Us to securely store or handle payments information, such as credit or debit card details, required for facilitating the delivery of Services;
  • providers of data aggregation and analytics software services that enable us to effectively monitor and optimize the delivery of our services;
  • providers of software platforms that assist Us in communicating or providing customer support services to You – for example, we manage and respond to any messages You send to Us via Our help center using a third-party communications management tool;
• providers of online cloud storage services and other essential IT support services.

Third Party links

• The Services may also contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on our services.
• We do not endorse or make any representations about third-party websites or services.
• Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties.
• We strongly encourage you to read such third parties’ privacy policies
• Such third-party service providers may use cookies and those cookies may collect certain information and may be stored on your device when you visit our app or any other MeNew Platform.

Updating, Modifying and Deletion of Information

• You can update or modify or delete your Personal Information that is provided by you at the time of registration on our MeNew Platform by accessing your account in such platforms.
• To delete your account, you can email us at contact@menew.in/.
• Upon cancellation or termination of your account/subscription, we reserve the right to retain Personal Information as may be required to comply with legal obligations or our business model for a limited period, until such time we have the necessity to store your Personal Information.

Changes to Privacy Policy

• We reserve the right to amend or revise this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page periodically for such revisions and amendments. Any changes to this Privacy Policy, shall be posted in this same URL. It is your obligation as the user of the MeNew Platform to review the changes carefully. Your continued use of the Services and access of the MeNew Platform following the posting of changes to this Privacy Policy shall constitute your consent and acceptance of those changes.

Governing Law:

• This Privacy Policy shall be governed by the laws of India and courts in Hyderabad, Telangana, shall have exclusive jurisdiction over any matter arising out of this Privacy Policy
• Grievance Redressal
• Grievance Officer:
  • If You have any grievance with respect to the App or the Services, you can contact the Grievance Redressal Officer, who will ensure speedy redressal of Your concerns:
    • Name: Ms. Jyoti Bohra
    • Email: contact@menew.in/
    • Address: F-305 Mantri Celestia, Survey Number:126 & 127, Nanakramguda, Gachibowli, Hyderabad, Telangana-500032, India
• Data Protection Officer:
  • As required under the GDPR, we have appointed a Data Protection Officer who is well versed with the intricacies of the Company’s internal data privacy policies and practices. You can contact the official for any query regarding the same as under:
    • Name: Mr. Ganesh Chavan
    • Email: contact@menew.in/
    • Address: F-305 Mantri Celestia, Survey Number:126 & 127, Nanakramguda, Gachibowli, Hyderabad, Telangana-500032, India.
• By using the App and/or the Services, you agree to Terms enlisted under this Privacy Policy.