Terms of Service

I. Acceptance of Terms

Thank you for using Nibbl. These Terms of Service (“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Nibbl website at www.nibbl.co.in (the "Site") and any related mobile or software applications ("Nibbl Platform") including but not limited to the 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 Nibbl customers, including but not limited to users having access to 'restaurant business page' to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the Nibbl Platform, you are agreeing to these Terms and concluding a legally binding contract with Silverbees Ent Pvt Ltd (hereinafter referred to as "Nibbl"). You may not use the Services if you do not accept the Terms or are unable to be bound by them. Your use of the Nibbl 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:

1. Clicking to accept or agree to the Terms, where it is made available to you by Nibbl in the user interface for any particular Service; or
2. Actually using the Services. In this case, you understand and agree that Nibbl will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

Customer

“Customer” or “You” or “Your” refers to you, as a customer of the Services. A customer 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.

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your Content" or "Customer 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, chat communication, profile information, or any other materials that you publicly display or are displayed in your account profile.

Restaurant(s)

"Restaurant" means the restaurants listed on the Nibbl Platform.

III. Eligibility to Use the Services

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, agree, and comply with 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 laws and in a manner that does not violate our legal rights or those of any third parties.

IV. Changes to the Terms

Nibbl may vary, amend, change, or update these Terms from time to time entirely at its own discretion. You shall be responsible for checking these Terms periodically and ensuring continued compliance with them. Your use of the Nibbl Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended or changed Terms, and you also agree to be bound by such amended Terms.

V. Translation of the Terms

Nibbl may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience, and that the English version shall govern the terms of your relationship with Nibbl. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail.

VI. Provision of the Services Being Offered by Nibbl

Nibbl is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Nibbl provides may require effecting certain changes in it. Therefore, Nibbl reserves the right to suspend, cancel, or discontinue any or all products or services at any time without notice, and to 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 that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, 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 upgrades or updates 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 Nibbl disables access to your account, you may be prevented from accessing the Services, your account details, or any les or other content contained in your account.

You acknowledge and agree that while Nibbl may not currently have set a xed upper limit on the number of transmissions you may send or receive through the Services, Nibbl may set such xed upper limits at any time, at its discretion.

In our effort to continuously improve the Nibbl Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface, and promotional campaigns. As a result, some Customers may experience features differently than others at any given time. This is for making the Nibbl Platform better, more convenient, and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings, and developing new services and features.

By using Nibbl's Services, you agree to the following disclaimers:

• The Content on these Services is for informational purposes only. Nibbl disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Nibbl reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Nibbl does not guarantee the quality of the Goods, the prices listed in menus, or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Nibbl. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Nibbl. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Nibbl.
• Any certification, licenses, or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurant's listing page on the Nibbl Platform is for informational purposes only. Such Certification is displayed by Nibbl on an 'as available' basis that is provided to Nibbl by the Restaurant partner(s)/Merchant(s). Nibbl does not make any warranties about the validity, authenticity, reliability, and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk, and Nibbl in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity, or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner/Merchant.
• Nibbl reserves the right to charge a subscription and/or membership fee in respect of any of its products or services and/or any other charge or fee on a per-order level from Customers, in respect of any of its products or services on the Nibbl Platform at any time in the future.
• Nibbl may from time to time introduce referral and/or incentive-based programs for its Customers ("Program"). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Nibbl Platform terms. Further, Nibbl reserves the right to terminate or suspend the Customer's account and/or credits/ points earned and/or participation of the Customer in the Program if Nibbl determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Nibbl Platform terms or has engaged in activities which are fraudulent or unlawful in nature. Furthermore, Nibbl reserves the right to modify, cancel, and discontinue its Program without notice to the Customer.
• Nibbl may from time to time offer to the Customers credits, promo codes, vouchers, or any other form of cashback that Nibbl may decide at its discretion. Nibbl reserves the right to modify, convert, cancel, and/or discontinue such credits, promo codes, or vouchers, as it may deem fit.

VII. Use of Services by You or Customer

1. Nibbl Customer Account Including 'Claim Your Business Listing' Access

• You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential, and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
• 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, Google). 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 and/or claiming your business listing, 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 or claiming a business listing, 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 or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Nibbl or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
• 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 Nibbl 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 the Nibbl Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity you do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.

2. Other Terms

• In order to connect you to certain restaurants, we provide value-added telephony services through our phone lines, which are displayed on the specific restaurant listing page on the Nibbl Platform, and which connect directly to restaurants' phone lines. We record all information regarding this call, including the voice recording of the conversation between you and the restaurant (for internal billing tracking purposes and customer service improvement at the restaurant's end). If you do not wish for your information to be recorded in such a manner, please do not use the telephone services provided by Nibbl. You explicitly agree and permit Nibbl to record all this information when you avail the telephony services through the Nibbl-provided phone lines on the Nibbl Platform.
• 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 Nibbl (as available on the Services or through any other means like API, etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/ with Nibbl 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 Nibbl, unless you have been specifically allowed to do so by way of a separate agreement with Nibbl. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the 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 Customer(s), and shall not engage in spamming, including but not limited to any form of emailing, posting, or messaging that is unsolicited.

VIII. Content

1. Ownership of Nibbl Content and Proprietary Rights

• 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 throughout the world (the "IP Rights") associated with the Services and Nibbl Content, which may be protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights and laws. 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 constitute valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Nibbl and that you shall not disclose such information without Nibbl's prior written consent.
• You agree to protect Nibbl's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement, and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Nibbl (or Nibbl's licensors) own all legal right, title, and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Nibbl and that you shall not disclose such information without Nibbl's prior written consent. Unless you have agreed otherwise in writing with Nibbl, nothing in the Terms gives you a right to use any of Nibbl's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
• You agree not to use any framing techniques to enclose any trademark, logo, or other proprietary information of Nibbl; or remove, conceal, or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location, or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display, or exploit in any form or manner whatsoever any of Nibbl's Content in whole or in part except as expressly authorized by Nibbl.
• 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 rights by following the instructions contained below in Section XVI.

2. Your License to Nibbl 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, noncommercial 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 of, or in any way exploit or allow others to exploit any of Nibbl 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, Nibbl Content, or our IP Rights.
• Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

3. Nibbl License to Your or Customer Content

• In consideration of availing the Services on the Nibbl Platform and by submitting Your Content, you hereby irrevocably grant Nibbl a perpetual, irrevocable, worldwide, nonexclusive, 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 the 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 Nibbl or its Customers, any third-party services, and their users.

4. Representations Regarding Your or Customer Content

• 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 to 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 or 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 Customers and do not guarantee the accuracy, integrity, or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Nibbl.

5. Content Removal

• 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 Customers 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. Further, the Restaurant reserves the right to delete any images and pictures forming part of Customer Content from such Restaurant's listing page at its sole discretion.

6. Third-Party Content and Links

• Some of the content available through the Services may include or link to materials that belong to third parties, such as third-party reservation services or food delivery/ordering or dining out. Please note that your use of such third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. 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 products, 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, modications, 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 Nibbl 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 websites or resources.
• Third-party content, including content posted by our Customers or Restaurant Partners, does not reect our views or that of our parent, subsidiary, afliate companies, branches, employees, ofcers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certied by the providers or licensors of such thirdparty content. We assume no responsibility or liability for any of Your Content or any thirdparty content.
• You further acknowledge and agree that Nibbl 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 websites 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. Customer Reviews

• Customer reviews or ratings for Restaurants do not reflect the opinion of Nibbl. Nibbl receives multiple reviews or ratings for Restaurants by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Nibbl is the personal opinion of the Customer/reviewer only. Nibbl is a neutral platform that solely provides a means of communication between Customers/reviewers, including Customers or restaurant owners/representatives with access to restaurant business pages. The advertisements published on the Nibbl Platform are independent of the reviews received by such advertisers.
• We are a neutral platform and do not arbitrate disputes; however, in case someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response to clear up any misunderstandings. If the Restaurant believes that any particular Customer's review violates any of Nibbl's policies, the restaurant may write to us at nibbl.co.india@gmail.com and bring such violation to our attention. Nibbl may remove the review at its sole discretion if the review is in violation of the Terms, content guidelines and policies, or is otherwise harmful to the Services.

8. Cancellation and Refund Policy

1. Cancellation and refund policy:

   1. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Nibbl, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Nibbl to place that order against the Restaurant Partners/Store(s) on your behalf ("Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Nibbl to deduct or collect the amount payable as liquidated damages through such means as Nibbl may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
   2. There may be cases where Nibbl is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Nibbl, Restaurant Partner/Store or Delivery Partner. In such cases, Nibbl shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
   3. No replacement / refund / or any other resolution will be provided without Restaurant Partner's/Store(s)' permission.
   4. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
   5. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.
   6. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

9. Shipping Policy

• At Nibbl, we strive to deliver your orders fresh and on time. Below are the details of our shipping and delivery process:

• Delivery Timeframe:

  • Minimum Delivery Time: 9 minutes
  • Maximum Delivery Time: 3 hours (unless pre-ordered for a later time)
  For pre-orders, you can schedule your delivery at your convenience during the checkout process.

• Delivery Locations:

  We currently deliver to select areas within our operational zones. During the checkout process, you will be notified if your delivery address falls outside our service range.

• Special Cases:

  1. In case of unforeseen delays, our team will notify you promptly and provide an updated delivery estimate.
  2. If you experience any issues with your order, please contact our customer support team for assistance.

• Customer Responsibility:

  To ensure a smooth delivery process, please double-check your address and contact details at the time of placing your order.
• We are committed to providing you with an exceptional dining experience, and your satisfaction is our priority.
• For further inquiries, feel free to reach out to us at nibbl.co.india@gmail.com.