THESE TERMS OF USE (“TERMS”) PROVIDE AND CAPTURE IMPORTANT LEGAL INFORMATION ABOUT THE LICENSE TO THE COMPANY’S PROPRIETARY AUTOMATED SOLUTION REFERRED TO AS THE ‘WEB APP ’ (AS DEFINED BELOW) AND THE CONDITIONS OF YOUR USE OF THE WEB APP . BY DOWNLOADING, INSTALLING, ACCESSING, SIGNING UP AND USING OUR WEB APP , YOU CONFIRM AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
YOU SHOULD NOT ACCESS, OR USE THE WEB APP AND SHOULD DELETE ANY VERSIONS OF THE WEB APP AND ANY DATA DOWNLOADED BY YOU WHILE USING SUCH WEB APP.
IF YOU CONTINUE TO USE THIS WEB APP , YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.

1. DEFINITIONS:
1.1. “Web App” shall mean the proprietary mobile Web Application of the Company, namely Smann Dine-In, an online platform that facilitates the buying and selling of various Goods (as defined below) and enables availing of the Services (as defined below) by connecting various Sellers with Buyers (as defined below).
1.2. “Company”; “Us”; “We”; “Our” shall mean Tribetayling Private Limited, a company registered under the Companies Act, 2013 having its registered office at 26A, Skyline, Cosmos Horizon, Pokhran Road No-2, Near Bethani Hospital, Majiwada, Thane West, Thane – 400610 Maharashtra, India.
1.3. “Sellers” shall mean and include the individuals or the retail entities that offer the goods for sale, through the Web App .
1.4. “Buyer(s)” means the users who purchase the Goods from the Sellers using the Web App.
1.5. “You”; “your”; “Users” shall include in its ambit users who install, download and use the Web App by registering on it.
1.6. “User Account” shall be the account, which the Users shall be required to create on the Web App to avail the Services offered by it.
2. SCOPE OF THE WEB APP:
The Web App is a platform that facilitates the ordering of various consumable goods (“Goods”) from restaurant. Buyers shall order Goods that they want to purchase through the Web App , order from a Seller, and pay for the same through the payment modes made available on the Web App . The Seller shall confirm the items that will be provided and those that are not available at the time of order acceptance. The Seller shall specify the total amount payable for the items that will be supplied. The detailed breakup of the total amount payable will be provided to the Buyer along with the Goods at the time of ordering. The Buyer shall make payment using mode of payment provided in Web App while checking out. Users and Buyers understand and acknowledge that the Company shall not be responsible for the nature of the information displayed on the Web App . You understand and acknowledge that your use of the Web App is at your own risk and the Company shall not be liable for any consequences arising from such use. You understand and acknowledge that the Company is merely providing a platform, in the form of the Web App , for facilitating the transactions of buying and selling between you and the Sellers. You understand and acknowledge that the provision of the said platform by the Company does not, in any way, establish the Company as a provider/retailer of the Goods or Services.
3. REGISTRATION:
To avail the Services provided through this Web App , you need to complete the registration process on the Web App signup page. For such registration, you shall be required to provide your name, mobile number and/or your email address and validate it (the “Account”) for availing the Services through the Web App (“User Account”). Through this User Account you will be eligible for receiving further alerts and instructions related to your purchases on the Web App .
4. USER ACCOUNT SECURITY:
You will be responsible for maintaining the confidentiality of your User Account and are fully responsible for all activities that occur under your User Account. You agree to immediately notify the Company of any unauthorized use of your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You agree to use the Web App only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any Applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Web App by the Sellers or other Users. You agree not to access (or attempt to access) the Web App by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Web App , or in any way reproduce or circumvent the navigational structure or presentation of the Web App , materials or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Web App . You acknowledge and agree that by accessing or using the Web App , you may be exposed to content from third parties that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Web App .
5. ACCESS TO THE WEB APP :
By registering for a User Account through the Web App , you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. You agree to:
a) provide accurate, authenticated and true information about yourself;
b) maintain the security of your passwords and identification;
c) promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
d) be fully responsible for all actions through your User Account.
You must not set up a User Account on behalf of another individual or entity unless you are authorized to do so.
No registration with the Web App deems to make you a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.
Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Web App or your User Account that is known to you or suspected, and (iii) not provide false identity or information to gain access to or use the Web App .
6. ORDERING THE FOOD:
To order the food, you can scan the QR code of the table you decided to order from. Once you scan the QR code you can login in using your phone no after authenticated by Smann. Once you complete the authentication you can able to see the menu and add the items to your order. Other members also can join your table and give their orders. you can see all the orders for the table in web app. Before payment you can view the offers restaurant can provide and apply any if that matches the criteria for application. For payment you will see 2 options you can pay for yourself or you can pay for entire order using payment options available in WebApp using integrated payment partner.
7. PRICING:
The Company reserves the right to levy internet convenience fees, Payment Transaction fee. vendor partner can add convenience fees in some occasion where the guest number exceed the maximum threshold and it is totally under discretion of vendor partner. These charges will be a part of the final bill provided to the Buyer and the break-up for such charges shall be displayed on the bill. All prices are either inclusive of taxes or company reserves a right to add service and goods taxes as per government tax policy and they will be in Indian Rupees.
You can elect to pay for the Goods through various modes of payment:
• Using payment gateways (Net Banking, IMPS, UPI and Debit & Credit Card, E-wallets)
• Any other mode of payment as may be acceptable to the Company.
Online Payments: We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a Buyer having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction. Use of the payment facilities available on the Web App shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Goods purchased through the Web App . The Company shall not be responsible for any damages, interests or claims arising from a transaction being unprocessed.
The Web App utilizes a payment gateway for online payments. Every Buyer who elects to pay online using such payment gateways hereby agrees to provide accurate information, such as credit/debit card information for purchasing Goods on the Web App . Every Buyer further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User. The Web App disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these Terms, the terms and conditions of the Applicable bank or other financial institution shall also be Applicable to every User and Buyer. The Web App disclaims any liability arising out of the failure to process payments by such banks or financial institutions.
8. DELIVERY DETAILS:
Buyer cannot use delivery as an option using Smann Dine-in web app.
9. COMPLAINTS:
In the event you are dissatisfied with the Goods and/or the Services, you may raise a complaint through the Web App ’s order screen or through the Company’s website, smann.in. You may also rate and review the Goods and Services, through the Web App. We provide that provision on the receipt itself where you can rate the vendor and provide valid feedback. 
10.RETURN AND REFUND POLICY: 
For any other circumstance the return and refund policy will be subject to the Seller’s return and refund policy and in accordance therein, all decisions with respect to return and refunds will be at the sole discretion of the Seller and the same shall be final and binding. If you have any grievance with such returns and/or refunds, you agree to take up the same with the Sellers and resolve such grievance with the Sellers through negotiations, or any other channels as mutually deemed fit by you and the Sellers. In case the Buyer has availed any benefit under any marketing or promotional offers provided by the Seller on the Web App in relation to the Goods for which the order has been cancelled by the Buyer, the Buyer agrees and authorizes the Seller or the Web App to recover such benefits from the Buyer. Other than as noted above, the Company shall have no responsibility or liability for return of Goods, and the onus of resolving any complaint / issue lies exclusively on the Buyer and Seller.
11. CANCELLATION POLICY: 
In current situation Buyer can not cancel the order once its place using web app.
12. CONTENT AVAILABLE:
The Company does not make any warranty or representations for the Goods provided on the Web App . The Company shall not be held liable under any circumstances including, but not limiting to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, Goodsliability, claims or omission of information or details posted, or any link accessible or made available through this Web App . You understand that by using the Web App , you may be exposed to content that may be incomplete, old, offensive, obscene and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such content. You agree that you are solely responsible for use of the Goods made available through the Web App , and the Company shall not be responsible and/or liable for any consequences arising from such use.
13. ADVERTISEMENTS:
The Web App may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its Goods or Services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its Goods and/or Services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
14. OWNERSHIP OF INTELLECTUAL PROPERTY:
The Web App and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Web App are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the Web App. The Company respects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details through the Web App that violates another person’s or entity’s proprietary rights. If you believe that the Web App contains elements that infringe your intellectual property rights in your work, please notify the Company immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other Web App appropriate action at our discretion. All materials on this Web App , including but not limited to audio, images, photographs, software, text, icons and such like (the “Web App Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Web App Content, except as specified herein. There may be proprietary logos, service marks and trademarks found on the Web App whether owned/used by us or otherwise. By displaying them on the Web App we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Web App Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
15. CONFIDENTIALITY: 
Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Web App, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms. We will keep any personal information shared by you, confidential and only use it as per the terms of our Privacy Policy.
16. PROHIBITED CONDUCT: 
You agree not to engage in any of the following activities: Violating laws and rights:
You may not (a) use the Web App for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation:
You may not use the Web App , or any information provided through the Web App for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
Disruption: 
You may not use the Web App in any manner that could disable, overburden, damage, or impair the Web App , or interfere with any other party’s use and enjoyment of the Web App ; including by:
(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Web App , or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others:
You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; Impersonation or unauthorized access: You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Web App You will not use or attempt to use another’s User Account or personal information; and you will not attempt to gain unauthorized access to the Web App , through hacking, password mining or any other means. 
Developing competing offerings:
You will not use the Web App to develop any competing Web App s, websites or products which are similar or substantially similar to the Web App . You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Web App and the Services and take any other corrective action as it deems fit. In the event you are at the receiving end of any offensive content or are the victim of any such actions of any other user or Seller(s), you are encouraged to report such content or conduct to the Company. The Company shall delete such offensive content and take any other corrective action as it deems fit.
17. PROMOTIONS AND OFFERS FROM THE COMPANY: 
We may encourage Buyers to participate in certain promotions, discount offers, contests, social media events, memberships (“Promotions”) released by Company or vendor partner, from time to time.These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the Buyer if the Buyer wishes to participate in these Promotions.
18. DEALINGS WITH THIRD PARTY ORGANISATIONS AND INDIVIDUALS:
You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with third party organisations and individuals through the Web App . In the event that you have a dispute with one or more other third -party organisation or individuals, you hereby release the Company, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Web App .
19. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEB APP AND THE GOODS AND THE SERVICES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEB APP AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB APP , THE GOODS AND THE SERVICES AND YOUR USE THERE OF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GOODS PROVIDED OR THE WEB APP ‘S CONTENT OR THE DATA SHARED OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE WEB APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, HEALTH RELATED SIDE EFFECTS OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB APP AND THE GOODS AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB APP , (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY GOODS AND THE SERVICES DISPLAYED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE WEB APP . THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB APP OR ANY HYPERLINKED WEB APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY MERCHANTS OR ADVERTISERS.
20. LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEB APP OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEB APP OR THE GOODS, FROM INABILITY TO USE THE WEB APP OR THE GOODS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB APP OR THE GOODS PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO WEB APP LY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB APP OR THE SERVICES OR ANY LINKS ON THE WEB APP , AS WELL AS BY REASON OF ANY GOODS, DESCRIPTION OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB APP OR THE INFORMATION OR ANY LINKS ON THE WEB APP . THESE LIMITATIONS SHALL WEB APP LY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER AND BUYER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR BUYER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEB APP IS CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN INDIA. THE FORGOING LIMITATIONS OF LIABILITY WILL WEB APP LY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY EXCEED THE TOTAL AMOUNT PAID BY THE BUYER FOR THE REJECTED/ RETURNED GOODS UNDER THE RESPECTIVE ORDER GIVING RISE TO SUCH CLAIM.
21. INDEMNIFICATION:
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
(i) Goods offered through this Web App including the information on the Goods;
(ii) infringement of any third- party intellectual property rights;
(iii) any breach of these Terms;
(iv) any breach of Applicable laws;
(v) transactions (present and subsequent) between you and Sellers or any third- party advertisers;
(vi) your use of and access to the Services;
(vii) your violation of these Terms;
(viii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(ix) your violation of any Applicable law, rule or regulation;
(x) User content or any other information or content that is submitted through your User Account including without limitation misleading, false, incomplete or inaccurate information.
22. PRIVACY POLICY:
The Company is committed to responsibly handling the information and data we collect through the Web App in compliance with our Privacy Policy. Please review the Privacy Policy so that you are aware of how we collect and use your personal information. Our Privacy Policy is located at https://smann.in/
23. TERMINATION:
The Company reserves the right to terminate your right and access to use the Web App with or without any reason whatsoever. Additionally, your right to access and use the Web App terminates automatically upon your material breach of these Terms.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and Applicable laws provisions will survive any termination of these Terms.
24. MISCELLANEOUS TERMS:
Choice of Law and Jurisdiction:
These Terms are governed by and construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Mumbai, Maharashtra, India and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India. No waiver:The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
Severability:
If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No agency relationship: You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Web App. Entire Agreement:
These Terms and the Privacy Policy constitute the entire agreement between you and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Company relating to this subject matter.
25. ELECTRONIC RECORD:
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as Applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Terms of Use for access or usage of the Web App .
26. CHANGE IN TERMS:
We may update these Terms by notifying you. Your continued use of the Web App after such change shall be deemed to be your acceptance of the revised Terms. The Terms were last modified on, 10 March 2023.