1. Acceptance of Terms and Conditions
2.2 To use the Website / Application and/or the Service (whether with or without registration) and to make any purchase, you must be 18 years of age or over.
2.3 The Website / Application and the Service and any purchase are directed solely at those who access the Website / Application from the Republic of India. THANKBUNNY makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website / Application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
2.4 THANKBUNNY reserves the right to prevent you using the Website / Application and the Service (or any part of them) and to prevent you from making any purchase.
2.5 ThankBunny provides an interactive online service owned and operated by THANKBUNNY through the Website / Application on the World Wide Web of the Internet (the “Web” or “Internet”), consisting of information services, content and transaction capabilities provided by THANKBUNNY, its subsidiaries and its associates with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website / Application (“Third Party Content Providers”), third parties that provide advertising services to THANKBUNNY (“Third Party Advertisers”) and third parties that perform function on behalf of THANKBUNNY like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
2.6 The right to use this Website / Application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of THANKBUNNY, and THANKBUNNY shall not be responsible for any data lost while transmitting information on the Internet.
2.7 While it is THANKBUNNY’s objective to make the Website / Application accessible at all times, the Website / Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of THANKBUNNY , access to the Website / Application may be interrupted, suspended or terminated from time to time. THANKBUNNY reserves the right, in its sole discretion, to terminate the access to any or all THANKBUNNY Website / Applications and the related services or any portion thereof at any time, without notice. THANKBUNNY shall also have the right at any time to change or discontinue any aspect or feature of the Website / Application, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, THANKBUNNY may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3.1 The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website / Application and all charges related thereto. THANKBUNNY shall not be liable for any damages to the User’s equipment resulting from the use of this Website / Application.
4. User Conduct
4.2 The User undertakes not to use or permit anyone else to use the Service or Website / Application:
(i) to send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
(ii) to send or receive any material which is harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(iii) to intercept or attempt to intercept any communications transmitted by way of a telecommunication system; or
(iv) for any fraudulent purposes.
4.3 The User shall not post or transmit through this Website / Application and/or the Minisites any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without THANKBUNNY’s express prior, written approval, contains advertising or any solicitation with respect to products or Services.
4.5 The foregoing provisions of this Section 4 apply equally to and are for the benefit of THANKBUNNY, its subsidiaries, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Purchase and Redemption of ThankBunny Deals
5.1 ThankBunny provides an opportunity to its Users to avail value deals from a number of merchants, including but not limited to restaurants (“Institutions”), with which THANKBUNNY has an association, at discounted prices by issue of deals that can be redeemed up to a certain validity period from outlets of the Institutions (“Deals”).
5.2 In order to purchase ThankBunny Deals, the User would be required to create an account on the Website / Application.
5.3 All ThankBunny deals are promotional and shall be subject to the standard terms and conditions and specific terms and conditions. ThankBunny Deals are issued on behalf of the Institutions and only such Institutions, to the exclusion of THANKBUNNY, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Institutions or which arises out of the goods and/or services provided by the Institutions, as well as for any unclaimed property liability arising from unredeemed ThankBunny Deals.
6. Standard Terms and Conditions (for Restaurant-Specific ThankBunny Deals).
6.1 For the purpose of this section, ‘Restaurant’ shall be defined as an Institution that offers food and beverages for sale in its regular business operations, and is making such food and beverages available to purchasers of ThankBunny Deals. In this respect, the following shall constitute as ‘Standard Terms and Conditions’ for redeeming ThankBunny Deals:
(i) THANKBUNNY shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant.
(ii) ThankBunny Deals are redeemable in their entirety only and may not be redeemed incrementally.
(iii) ThankBunny Deals can be redeemed only after due verification of the customer.
(iv) Validity period for redemption of ThankBunny Deals is determined by Restaurants, and shall be mentioned on ThankBunny Deals.
(v) Use of ThankBunny Deals for alcoholic beverages is at the sole discretion of the Restaurant and is further subject to all applicable laws.
(vi) It is at the discretion of the Restaurant to determine whether ThankBunny Deals can be combined with any other Restaurant Deals, third party Deals, coupons, or promotions and the like.
(vii) ThankBunny Deals cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
(viii) ThankBunny Deals are valid for dine-in only unless otherwise stated.
(ix) The issuing of restaurant credit is at the sole discretion of the Restaurant.
(x) Neither THANKBUNNY nor the Restaurant is responsible for lost or stolen Deals or the reference numbers mentioned on it.
(xi) Reproduction, sale or trade of ThankBunny Deals is strictly prohibited.
(xiii) The ThankBunny Deal (including, but not limited to, any discounts provided therein) will expire on the date specified on it.
6.2 Institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
7. Standard Terms and Conditions (for Non-Restaurant ThankBunny Deals).
7.1 The following shall constitute as ‘Standard Terms and Conditions’ for redeeming ThankBunny Deals for purchasing goods and/or services from Institutions other than Restaurants:
i. THANKBUNNY shall not be responsible for the quality of products and/or services provided by the Institution, and the same shall be the sole responsibility of the Institution.
ii. ThankBunny Deals are redeemable in their entirety only and may not be redeemed incrementally.
iii. ThankBunny Deals can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of ThankBunny Deals.
iv. ThankBunny Deals may be applied only to purchase the merchandise sold by the Institution, and may not be applied to shipping or handling charges.
v. Limit one Deal per redemption. Only one Deal can be used per visit unless otherwise specified by the Institution.
vi. The issuing of credit is at the sole discretion of the Institution.
vii. Neither THANKBUNNY nor the Institution is responsible for lost or stolen Deals or the reference number mentioned on it. ThankBunny Deals cannot be combined with any other gift Deals, third party Deals, coupons, or promotions, unless otherwise specified by the Institution.
viii. Reproduction, sale or trade of ThankBunny Deals is strictly prohibited.
ix. Any attempted redemption not consistent with these terms and conditions will render the ThankBunny Deal void and invalid.
x. The ThankBunny Deal will expire on the date specified on it.
7.2 Institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
8. Purchase and Sale of Products and/or Services
8.1 THANKBUNNY takes no responsibility for the services and/or products for which ThankBunny Deals may be redeemed. Further, THANKBUNNY makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service for which the ThankBunny Deal may be redeemed.
8.2 Some services for which ThankBunny Deal(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities THANKBUNNY takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the ThankBunny Deal can be redeemed.
9. Intellectual Property Rights
9.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website / Application and Service, (subject to Clause 9.4) information content on the Website / Application or accessed as part of the Service, any database operated by us and all the Website / Application design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
9.2 None of the material listed in Clause 9.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website / Application on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website / Application without our permission.
9.3 All rights (including goodwill and, where relevant, trade marks) in the THANKBUNNY name are owned by us (or our licensors). Other product and company names mentioned on the Website / Application are the trade marks or registered trade marks of their respective owners.
9.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
9.5 Subject to Clause 9.6, any material you transmit or post or submit to the Website / Application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website / Application or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
9.6 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website / Application; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
10. Disclaimer of Warranty; Limitation of Liability
10.1 The User expressly agrees that use of the Website / Application and the Minisites is at the User’s sole risk. Neither THANKBUNNY , its subsidiaries Business Associates nor any of their respective employees, agents and third party content providers warrant that use of the Website / Application will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website / Application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website / Application or the Minisites.
10.2 The Website / Application and the Minisites are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
10.3 We don not give any warranty that the Services or the Website / Application are free from viruses or anything else which may have a harmful effect on any technology.
10.4 We reserve the right to change, modify substitute, suspend or remove without notice any information or Deal or service from the Website / Application or forming part of the Service from time to time. Your access to the Website / Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependant on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information or Deal from the Website / Application or Services at any time.
10.5 We reserve the right to block access to and / or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
10.6 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that THANKBUNNY is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
10.7 In no event shall THANKBUNNY , or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website / Application or the contents hereof, including the Minisites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website / Application. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website / Application and the Minisites.
10.8 In addition to the terms set forth above, neither THANKBUNNY , nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website / Application or any of the Minisites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
10.9 Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; or (iii) other liability which cannot be excluded or limited by applicable law.
10.10 THANKBUNNY shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
11.1 THANKBUNNY shall have the right, but not the obligation, to monitor the content of the Website / Application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website / Application, to determine compliance with this Agreement and any operating rules established by THANKBUNNY , as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, THANKBUNNY shall have the right to remove any material that THANKBUNNY, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. License Grant
13.1 By posting communications on or through this Website / Application, the User shall be deemed to have granted to THANKBUNNY a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
14.1 The User agrees to defend, indemnify and hold harmless THANKBUNNY , its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (i) the use of this Website / Application and/or the Minisites by the User; (ii) the use of the Deal; (iii) the use of the Service or Website / Application through your password; or (iv) any breach of this Agreement by you.
15.1 THANKBUNNY may terminate this Agreement at any time. Without limiting the foregoing, THANKBUNNY shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which THANKBUNNY, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires, including Clause 9, 10, 13, 14 & 15, will survive termination of this Agreement.
15.2 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
16. Third Party Content
16.1 THANKBUNNY, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, THANKBUNNY has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of THANKBUNNY .
16.2 Neither THANKBUNNY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Clause 10 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
16.3 In many instances, the content available through this Website / Application represents the opinions and judgments of the respective information provider, User, or other users not under contract with THANKBUNNY . THANKBUNNY neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website / Application by anyone other than authorized THANKBUNNY employee / spokespersons while acting in official capacities.
16.4 Under no circumstances will THANKBUNNY be liable for any loss or damage caused by User’s reliance on information obtained through the Website / Application. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website / Application.
16.5 The Website / Application contains links to third party Website / Applications maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by THANKBUNNY of the contents on such third-party Website / Applications and THANKBUNNY hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Website / Applications. If the User decides to access linked third-party Website / Applications, the User does so at his/her own risk.
16.6 Unless you have executed a written agreement with THANKBUNNY expressly permitting you to do so, you may not provide a hyperlink to the Website / Application from any other Website / Application. THANKBUNNY reserves the right to revoke its consent to any link at any time in its sole discretion.
17.1 THANKBUNNY may place advertisements in different locations on the Website / Application and at different points during use of the Service. These locations and points may change from time to time – but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
17.2 You are free to select or click on advertised goods and services or not as you see fit.
17.3 Any advertisements may be delivered on our behalf by a Third Party Advertiser.
18. Force Majeure
Without prejudice to any other provision herein, THANKBUNNY shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond THANKBUNNY’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of THANKBUNNY’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
19.2 No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
19.3 The section headings used herein are for convenience only and shall be of no legal force or effect.
19.4 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
19.5 All provisions of this Agreement apply equally to and are for the benefit of THANKBUNNY, it susbsidiaries, any holding companies of THANKBUNNY, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
19.6 THANKBUNNY’s headquarters are in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website / Application or the Minisites (unless otherwise specifically stated) are governed by and in accordance with the laws of India(exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.