We, Outshade Digital Media Pvt Ltd ("We", "Us", "Our", “Company”), is in the business of providing a cloud-based software application under the brand name “TheSimpleOrder” for restaurants, Caterers together with optionally integrated services such as mobile or card payments, inventory management, deals and discounts, ordering, suppliers’ marketplace, analytics apps, etc. using a programmable API architecture. The Company through such cloud-based software applications and websites (together referred to as “TheSimpleOrder”) also provides end to end integration of services for catering management to various restaurants and catering service providers. The Company has created and owns the TheSimpleOrder Platforms and licensed the use of the same by way of various subscription models for a Subscription Fee.
The subscription to the TheSimpleOrder Platform and other value-added services(“TheSimpleOrder Subscription”) offered by us is subject to our Terms of Services that is agreed by you (or anyone who accesses and uses the TheSimpleOrder Platforms shall be referred to as “You”, “Your” or “User” as the context may require) at the time of subscription. You may select a TheSimpleOrder subscription plan of your choice and make payment as per the required payment method(s) available for different TheSimpleOrder subscription plans.
You are required to pay a subscription fee as per the TheSimpleOrder Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for TheSimpleOrder Subscription as stated in various subscription plans is non-refundable except as expressly set forth in these cancellation and refund terms (hereinafter referred to as “Cancellation & Refund Policy”). Taxes may apply to the subscription fee. Your paid TheSimpleOrder Subscription will be activated only upon successful payment of the Subscription Fee made through the TheSimpleOrder Platforms as per the applicable subscription plan chosen by you.
You may cancel your paid TheSimpleOrder Subscription any time by visiting Your Account and adjusting your subscription settings on any of the TheSimpleOrder Platforms. If you cancel the TheSimpleOrder Subscription within 15 business days of signing up for such paid TheSimpleOrder Subscription, we will issue a credit note to you and refund your full Subscription Fee, provided that we may charge you (or withhold from your refund) the value of TheSimpleOrder benefits used by you and your account during this 15 business day period by issuing a partial credit note to you. If you cancel the annual TheSimpleOrder Subscription at any other time, we will raise a credit note and refund your Subscription Fee only to the extent of your usage of the subscription plan of our TheSimpleOrder Platform since the payment of the Subscription Fee.
If you cancel the monthly TheSimpleOrder Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage of any of the TheSimpleOrder benefits since payment of your Subscription Fee.
We may at our discretion change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of TheSimpleOrder Subscription, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
We may terminate your TheSimpleOrder Subscription at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then subscription term, whether annual or monthly. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates the Terms of Service or any applicable law, involves fraud or misuse of the TheSimpleOrder Subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Services or this Cancellation & Refund Policy will not constitute a waiver of any of our rights.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THESIMPLEORDER PLATFORMS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR THESIMPLEORDER SUBSCRIPTION.