Effective January 2021
Welcome to MagilHub website (the “Site”) or the MagilHub application downloaded through a mobile or tablet device (the “App”). By accessing, installing, downloading, or using the Site or App, you agree to the following Terms of Use. The terms “MagilHub” or “us” or “we” or “our” refers to MagilHub , Inc., the owner of the Site, and its subsidiaries, affiliates, partners, agents, lawyers, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site or App. We reserve the right to terminate or suspend your account or ability to use or access the Site, the App, or any portion thereof for any reason whatsoever.
Modifications
MagilHub reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically. Your continued use of the Site and our App following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.
Independent Businesses
While MagilHub operates and controls the Site and App, it is not responsible for the operation of its merchant partners. As a company, all merchants are owned and operated by independent owners or chains . Each merchant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of services and products to you, and for any employment-related matters in the merchant.
Accounts and Registrations
Certain sections of the Site or pages on the App may require you to provide personal information in order to access and/or use certain features, functions, or services of the Site. If information is requested, you agree to provide us with accurate, complete registration information. Please read our Privacy Notice, which describes the personal information we collect, use, manage, disclose, and store. Any information provided on the Site or through the App is for your personal use only. You may not allow any other person or entity to use your user name or password on any portion of the Site or App that requires a user name or password. MagilHub is not liable for any damages, injury, losses, or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information.
Ordering and Payment
MagilHub makes available the Services and, either directly or through a third party service provider, processes Payment Transactions for Purchases on behalf of Merchants as the agent of the Merchants through the payment networks. When you make a Purchase, you authorize MagilHub, as agent for the Merchant, to submit the charge in the amount of the Purchase (including any gratuities, fees and taxes) to your Payment Method as well as any credits in connection with chargebacks, reversals, refunds or adjustments. MagilHub, as the agent of the Merchant, will assist the Merchant in submitting the Payment Transaction to the payment network and processing the Payment Transaction. Upon MagilHub receiving the proceeds of the transaction, your payment obligation to the Merchant will be deemed completed (except in the case of a later chargeback or reversal).
You must provide a valid Payment Method to pay for your Purchases made through any of the Services. You authorize MagilHub to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, MagilHub may obtain an authorization to charge your Payment Method for a Payment Transaction. This authorization may reduce your available funds balance by the authorization amount until the Payment Transaction is actually charged to your Payment Method and the proceeds are processed and settled. Please contact your Payment Method issuer if you have questions regarding the status of an authorization or of a charge to your Payment Method. You agree that MagilHub, on behalf of the Merchant, may resubmit a Payment Transaction for processing to a payment network in the event a prior Payment Transaction was declined or returned.
If you choose to store Payment Method information with MagilHub via any of the Services for your convenience and use in future transactions, you agree that MagilHub may receive up-to-date information on your Payment Method information (such as card number or expiration date) through services available from the card networks and may update your Payment Method credentials stored with MagilHub (if you choose to store your Payment Method credentials) from time to time.
We may establish limitations concerning use of the Services, including without limitation individual or aggregate transaction limits on the amount or number of Payment Transactions you may make within certain time periods. We may decline to process any Payment Transaction without any notice to you. We may delay processing of or hold or cancel processing of any Payment Transaction upon the direction of the Merchant or if we believe, in our sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law and Rules, these Terms of Service, or any other policies.
Payments made through the Services are also subject to the terms of your agreement with your Payment Method issuer. You are solely responsible for any charges or fees that may be imposed by your Payment Method issuer as a result of using the Services.
Order Cancellation, Refunds and Customer Service
Merchants each set their own cancellation and refund policies. Once a Purchase has been made through the MagilHub Site or app or a Point of Sale feature, you will need to contact the Merchant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.
For questions or customer service regarding a Purchase or the product or service provided by a Merchant, please contact the Merchant directly. From the site or App, each Merchant’s contact information for customer service is available on its site listing. MagilHub is not responsible for any Merchant service issues or content errors or inaccuracies related to a Merchant’s website, menu, or other materials.
Ownership of Intellectual Property
The contents of this Site and the App—including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”)—are the property of MagilHub and/or its subsidiaries, licensors, affiliates, assigns, merchants or other respective owners. The Materials are protected under copyright law, and the copying, redistribution, use, or publication by you of the Materials or any part of the Site, except as allowed by the “Limited License; Permitted Uses” section below, is strictly prohibited.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; (b) to download and use the App on a device owned or controlled by the user (and as otherwise restricted in the strictly in accordance with these Terms of Use and any other legal notices on the Site or provided through the platform accessed to download the App; (c) to use the Site and App solely for personal and non-commercial purposes; and (d) to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein. MagilHub bears no responsibility and shall not be liable for communications shared by recipients via email, SMS, or other media platforms with third parties.
Postings and Prohibited Uses
You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; (b) to download and use the App on a device owned or controlled by the user (and as otherwise restricted in the strictly in accordance with these Terms of Use and any other legal notices on the Site or provided through the platform accessed to download the App; (c) to use the Site and App solely for personal and non-commercial purposes; and (d) to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein. MagilHub bears no responsibility and shall not be liable for communications shared by recipients via email, SMS, or other media platforms with third parties.
You may not post, submit, upload, or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork, or other content or information onto the Site or the App, or otherwise use the Site or the App in any way, that:
contains a virus or other harmful component or otherwise interferes with, impairs, or damages the Site and any individual’s or entity’s use or enjoyment of the Site, including, but not limited to “bots,” “spiders,” “crawlers,” harmful code, and DDOS attacks
infringes or violates the right of any individual or entity including, without limitation, any right of privacy; any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right; or any contractual rights;
is unlawful, fraudulent or deceptive
is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous, or otherwise harmful, would constitute a criminal offense or otherwise gives rise to civil liability; or
violates these Terms in any manner or fails to comply with applicable third-party terms and conditions or policies (collectively, “Acceptable Use”).
You may not upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
MagilHub possesses the right to change, use, delete, exploit, and distribute the Posting or remove the user’s access in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Any and all Postings shall become the property of MagilHub , and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.
MagilHub reserves the right to but does not monitor, endorse, edit, or screen any Postings. Postings do not necessarily reflect the views or opinions of MagilHub . You acknowledge, understand, and agree that MagilHub shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury, or losses resulting from the Postings, their use, and/or their appearance on the Site.
Links to Other Websites
The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites. These websites may have privacy policies different than our Privacy Notice.
Export
The Site and the App are operated from our corporate headquarters in the United States, and any data you submit to the Site or the App will be exported to and stored in the United States. If you use this site from other locations, you are responsible for compliance with applicable local laws. If you download anything from this Site or the App, you represent that you are not a national of, or located in, any country subject to export embargo controls by the USA and that you are not otherwise prohibited from receiving such information.
Errors, Corrections and Changes
MagilHub does not represent or warrant that the Site or App will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site or App will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site or App at any time.
Copyrights and Copyright Agents
MagilHub respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”), 17 U.S.C. § 512: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your name, physical address, telephone number, and e-mail address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
support@magilhub.com
Indemnification
You agree to indemnify and hold harmless MagilHub , including its agents, affiliated companies, employees, contractors, directors, officers, franchisees, and anyone involved in creating or providing the Site or the App (including, but not limited to Apple, Inc. and/or Google), from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including reasonable attorneys’ fees) occurring from or related to the use or misuse of the Site or the App, violation of these Terms of Use, or violation of any rights of a third party, or any allegation thereof. MagilHub reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Disclaimer
This site and the app are intended for informational, ordering or check-in service purposes only. The content, materials, and any other information in this site or accessed through the app is not intended to constitute legal or professional advice.
Your use, access, or browsing of this site is performed at your own risk. The information, content, and materials from, in, or through the site and app are provided “as-is,” “as available,” and “with all faults.” All warranties, express or implied, are disclaimed (including, without limitation, to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
You acknowledge that neither MagilHub nor its third-party providers controls the transfer of data over communications facilities, including the internet, and that neither MagilHub nor its third-party providers are responsible for any limitations, delays, or other problems inherent in the use of such communications facilities. Without limiting the foregoing, neither MagilHub nor its third-party providers warrants or guarantees that any or all security breaches or attacks will be discovered, reported or remedied, or that there will not be any security breaches by third parties.
Limitation of Liability
You understand, acknowledge, and agree that MagilHub and the affiliated parties shall not be liable for any claims for injury, loss, or damages arising out of or related to your use of the site, the app, or from this agreement including, without limitation, to direct, compensatory, indirect, special, incidental, consequential, or punitive damages. The negation and limitation of damages set forth in this agreement are fundamental elements of the basis of the bargain between MagilHub and you. This site, the app, and the content therein would not be provided without such limitations.
You acknowledge and agree that the Merchant is the seller of the food, beverages and related products and services which you may order and pay for through Site or App. The Merchant is solely responsible for any and all damages, claims, liabilities, costs, injuries or illness caused in whole or in part by the Merchant. Merchant is also solely responsible for any unclaimed property liability which may arise from Purchases, paid for but not received by you.
Termination
These Terms of Service continue to govern your use of the Services unless and until such time as you or we terminate your use of any applicable Service(s). Upon termination, you will lose access to the relevant Services, and we may delete any information stored regarding you or your transactions through the Services. Termination of your use of any of the Services does not relieve you of the obligation to pay for any Purchases made as well as related fees and charges already incurred. In the event of termination of your use of the Services by you or us, we will not provide any refunds for amounts previously paid through the Services.
MagilHub reserves the right, in its sole discretion, to limit, suspend, or terminate your MagilHub account and/or access to all or any part of the Services at any time and for any reason without notice to you and without liability to you or to any third party. Additionally, any of the Services, or any feature of portion thereof, may be modified, replaced, suspended, or terminated, without or notice at any time, in MagilHub ’s sole discretion, without liability.
Applicable Law, Venue and Jurisdiction
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Madurai, India.
You agree that any claim or dispute you may have arising out of or related to the Site or App including, without limitation, your use of the Site or App, the Site’s or App’s Contents and Materials, your information provided to the Site or App, and/or these Terms of Use, the Privacy Notices, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, courts at Madurai, India
Any claims or resolution of disputes pursuant to this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree, to the extent permitted by applicable law, that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Site, App, or these Terms of Use will be resolved individually in the forum designated in this section, without resort to any form of class action; and (b) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will lawyer's fees be awarded or recoverable.
Incorporation of Related Terms
These Terms of Use incorporate and supplement the Apple, Inc. Terms and Conditions and Google Play for Android (available at apple.com and play.google.com, respectively), including, without limitation, the Licensed Applicable End User Agreement therein (“Apple Terms” or “Android Terms”). In addition, these Terms of Use also incorporate and supplement other terms, conditions, and policies of MagilHub , Inc. posted at magilhub.com (the location of which may be changed from time-to-time without notice). Should any provisions in the terms, conditions or other policies listed above conflict with these Terms of Use, these Terms will control, solely to the extent such provisions apply to the App.