Terms of Use

1. Acceptance of Terms

These terms of use (“Terms of Use”) mandate the terms on which users or visitors (the “User(s)“) accessing the platform www.xike.in and any corresponding websites or mobile applications (the “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/Xike Services“), which are owned and operated by Xike Corporation Private Limited (“Xike“).

User may not use the Services if he/she/they do not accept the Terms of Use or is/are unable to be bound by the Terms. User’s use of the Platform is at its own risk, including the risk that User might be exposed to content that is objectionable, or otherwise inappropriate.

The Platform may be used by Users to avail Xike Services (defined below), through merchants registered with the Platform (“Merchants“). The term “Merchant(s)“ mean s any corporate entity, firm, person or other establishment, supplying goods and/ or services.

Users are requested to carefully read the Terms of Usebefore using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account (“Account”), Users accept these Terms of Use and agree to be legally bound by the same.

Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Xike at its sole discretion and posted on the Platform from time to time and subject to the above, Xike grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and Xike Services.

By using Xike”s Services User agrees to the following disclaimers:

• The content on the Platform and provided under the Services are for informational purposes only. Xike disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated.
• Xike reserves the right to make changes and corrections to any part of the content and/or the Services at any time without prior notice.
• Xike does not guarantee the quality of the goods, the prices, discounts listed or the availability of all items at any Merchant.
• Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Xike.

• Merchants reserve the right of admission to their premises/store/bars/pubs/restaurants/hotels/cafés, which depends on their respective admission policy and applicable laws.
• Xike may from time to time offer to the User credits, promo codes, vouchers or any other form of cashback that Xike may decide at its discretion. Xike reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

Eligibility

The Platform, and by extension, Xike Services, are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Xike from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, Xike Services under applicable law.

User represents that the User is in compliance with all laws and regulations in the country in which he/she lives when the User access and use the Services. User agrees to use the Services only in compliance with these Terms Of use and applicable law, and in a manner that does not violate Xike’s legal rights or those of any third party(ies).

Xike reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so.

Registration

Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Xike at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (“Account”) (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the Xike Services and connect with Merchants on the Platform. A User’s ability to continue using the Platform and Xike Services is subject to their continued maintenance of an Account on the Platform.

In order to use the Platform and avail the Xike Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account“). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided.

Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that Xike has not independently verified the information and Xike shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or Xike has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Xike reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time.

Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to (i) immediately notify Xike of any unauthorized use of their Account, related information or any other breach of security, and (ii) ensure that they exit from their Account at the end of each session. Xike cannot and will not be liable for any loss or damage arising from User failure to comply with this provision.

Changes to the terms

Xike may vary or amend or change or update these Terms of Use, from time to time entirely at its own discretion. User shall be responsible for checking these Terms of Use from time to time and ensure continued compliance with these Terms of Use. User use of Platform after any such amendment or change in the Terms shall be deemed as User’s express acceptance to such amended/changed terms and User also agrees to be bound by such changed/amended Terms.

Xike is constantly evolving in order to provide the best possible experience and information to its Users. User acknowledge and agree that the form and nature of the Services which Xike provides, may require affecting certain changes in it, therefore, Xike 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 Platform without any prior notice.

Advertising

The Platform may contain advertising information or promotional material or other material submitted to Xike by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Platform complies with applicable laws is exclusively on the party providing the information/material. Xike 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 Platform.

Intellectual Property Rights

The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by Xike (“Xike IPR“) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Xike IPR is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use Xike IPR without the prior written consent of Xike.

The trademarks, logos and service marks displayed on the Platform (“Marks“) are the property of Xike, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use the Marks without the prior consent of Xike or such third party as may be applicable.

In consideration of availing Xike Services on the Platform and by submitting User content, User hereby irrevocably grant Xike a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use User content.

If User content is a review, User represents and warrants that the User is the sole author of that review; the review reflects an actual experience that User had.

User assumes all risks associated with User Content, including anyone”s reliance on its quality, accuracy, or reliability, or any disclosure by User of information in User content that makes User personally identifiable. While Xike reserves the right to remove the User content, Xike do not control actions or content posted by Users and do not guarantee the accuracy, integrity or quality of any content. User acknowledges and agrees that content posted by User and any and all liability arising from such content is the sole responsibility of the User who posted the content, and not Xike.

Any content uploaded by User, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if User is found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Platform, Xike shall have the right to immediately block User access and usage of the Platform and Xike shall have the right to remove any non-compliant content and or comment forthwith, uploaded by User and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

Disclaimer of Warranties & Liabilities

Users expressly understand and agree that, to the maximum extent permitted by applicable law:

• The Platform, and Xike Services are provided by Xike on an ”as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Xike makes no warranty that (i) the Platform, Xike Services will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet User expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from Xike shall create any warranty not expressly stated in the Terms of Use.
• Xike will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Xike also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
• Xike will not be liable for any loss that Users may incur as a consequence of unauthorized use of their Account or Account information in connection with the Platform either with or without their knowledge.
• Xike shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Xike’s control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk, and that they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.

Payments

The User will make a payment for the purchases made with the Merchant for the bill amount by scanning the Xike QR code at the Merchant location who is partnered with Xike on the Platform. In the event of a concern raised regarding the payment using the payment option provided by Xike, Xike shall use its best endeavours to assist the User, however such payment will be subject to verification and confirmation from the Merchant partnered with Xike.

The User is required to be present at the Merchant partner location when using Xike payment platform.

For any help or queries, with regards to the payment the User may reach out to Xike at ____________________.

The Merchant undertakes to pay to Xike, commission at the rates set out in the Merchant Agreement. The Merchant understands that from time to time, Xike may change the commission rates or include any additional charges/ fee, provided however, that Xike shall communicate any such change(s) via email or any other modes of communication to the Merchant with a prior intimation of thirty (30) days. Payment and settlement process for the Merchants shall be as provided for in the Merchant agreement.

Indemnification and Limitation of Liability

Users agree to indemnify, defend and hold harmless Xike and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees“) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by Users pursuant to these Terms of Use. Further, Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, Xike Services, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another, including any intellectual property rights.

In no event shall the Indemnitees be liable to Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with their use of or access to the Platform or Xike Services on the Platform.

Users indemnification obligation under the Terms of Use will survive the termination of their Account or use of the Platform or Xike Services.

Subject to applicable laws, in no event will Xike or its employees aggregate liability, arising from or related to the Xike Services or the use of the Platform, exceed INR 1000 for any and all causes of actions brought by Users or on behalf of Users.

The Platform and the Xike Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Xike shall not be liable for the same, whatsoever.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Grievance Officer: ______________________

Designation: ___________________________

Email: _______________________________

Violation of the Terms of Use

Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Xike, for which monetary damages would be inadequate, and Users consent to Xike obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Xike may have at law or in equity. If Xike takes any legal action against Users as a result of their violation of these Terms of Use, Xike is entitled to recover from Users, and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Additional Terms

Xike may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies“). These Policies shall form a part of these Terms of Use, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms.

Xike is not a manufacturer, seller or distributor of food and beverages or products and merely facilitates the sale of the products for a particular price between the Merchant and the User. Xike shall not be liable for any acts or omissions on the part of the Merchant including deficiency in service, coupon/discount mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare the order, etc. Merchant shall be solely responsible for any warranty/guarantee of the products (including food and beverages) or services sold to the User and in no event shall be the responsibility of Xike. Discount vouchers/coupons issued by the Merchant can only be used by the User subject to such terms and conditions set forth by the Merchant.

Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Xike shall not be responsible for examining or evaluating such third party websites, and Xike does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Xike does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third party websites. If Users decide to access any such linked third party website, they do so at their own risk.

Term and Termination

These Terms of Use will continue to apply until terminated by either the User or Xike as set forth below.

• If the User objects to the Terms of Use or are dissatisfied with the Platform or Xike Services, they can (i) close their Account through the Platform or by writing to ___________________; and (ii) stop accessing the Platform.
• Xike may, in its sole discretion, bar any User’s use of the Platform or the Xike Services at any time, for any or no reason.
• Xike may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

User understands that any termination of its access to Xike Services may be affected without prior notice, and acknowledge and agree that Xike may immediately deactivate or delete User Account and all related information and/or bar any further access to User account or Xike Services. If User uses the Services in violation of these Terms, Xike may, in its sole discretion, retain all data collected from User’s use of Xike Services. Further, User agrees that Xike shall not be liable to User or any third party for the discontinuation or termination of User’s access to Xike Services.

Governing Law

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts/tribunals at Bangalore.

Communications

The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or Whatsapp from Xike, or other third parties. The User can unsubscribe/opt-out from receiving communications through SMS, Whatsapp, and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of Xike Service.

General

1. Amendments: Xike reserves the unconditional right to modify or amend this Terms of Use, Privacy Policy, and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy, and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.

2. Notice: All notices from Xike will be served by email to the User’s registered email address or by general notification on the Platform.

3. Assignment: Users cannot assign or otherwise transfer the Terms of Use or any rights granted hereunder to any third party. Xike’s rights under the Terms of Use are freely transferable by Xike to any third party without the requirement of informing the User or seeking their consent.

4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

5. Waiver: Any failure by Xike to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Xike of that provision or right.