Terms & Conditions
This 'User Agreement', which will be a legally binding contract between you and us upon your using the Website (defined in the Website Terms of Use below) and contains the following:
Simply join PoshVine and create a free account. When you make and honour any booking through www.poshvine.com, points are automatically rewarded to your account.
- Website Terms of Use: this governs the access and use of the Website.
- Terms of Sale: this governs your table booking through our website.
- Privacy Policy: this governs the use of your personal information we collect.
You represent and warrant that you are a person who can form legally binding contracts under the Indian Contract Act, 1872 and have read, understood and are bound by this User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction on this Website.
References to "you", "User" shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, "Service Providers" mean independent third party service providers or merchants, and "we", "us", "Viverati" and "our" shall mean Viverati Ventures Pvt. Ltd.
A. Website Terms of Use
General
www.poshvine.com ("Website") is an Internet based portal owned and operated by Viverati Ventures Pvt. Ltd. (“Viverati”, "PoshVine" or “we”), a company incorporated under the laws of India, with its office at Bangalore, India. By using this Website you accept of all the terms, conditions and notices contained in these Terms, along with any amendments made by Viverati at its sole discretion and posted on the Website from time to time.
User Account, Password, and Security
The Website requires you to be a registered user to use its services fully. In some cases, you may be sent a temporary password through email, which you can change and in some cases, you will need to create an account by entering your email address and creating a password.You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Viverati of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You hereby agree that Viveratiwill not be liable for any loss or damage suffered by you or any other third party and arising from your failure to comply with this Section 2.
You agree, inter alia, to: (a) Provide true, accurate, current and complete information about yourself as prompted by PoshVine's registration form; and (b) not include any of your contact details such as email addresses etc. in your user ID. User ID is different from your email address.If you provide any information that is untrue or inaccurate or PoshVine has a reasonable ground to suspect that such information is untrue or inaccurate PoshVine has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.
Functionalities Offered
This Website is an information gateway to the offers that Viverati extends to the Users. Apart from providing information and a searchable database of restaurants and experiences, the Website also hosts the platform for the online table booking of PoshVine-affiliated restaurants and experiences.
Privacy Policy
You hereby consent, express and agree that you have read, fully understood and agreed to be bound by the Privacy Policy which shall govern your use of the Website and all information disclosed by you to Viverati.
User Obligations
You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India;
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and
- Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Usage Conduct
- You shall be solely responsible for maintaining the necessary computer and mobile phone equipments and Internet connections that may be required to access, use and transact on the Website.
- You agree to use this Website for reasonable and lawful purposes only, and shall not use the Website for any activity that is not professed by Viverati to be conducted through the Website.
- You agree to use this Website, and any bookings made through it, for personal, non-commercial use only and shall not re-sell the same to any other person or make any other commercial or profitable use of your purchases and bookings through the Website.
Poshvine Reward Points
The PoshVine Reward Points offered on this website are token rewards and can only be used on this site or its partner sites. Each rewards is nothing but points which represent a value of Re.0.1. You will earn 100 PoshVine Reward Points for making table reservations or inviting friends, and you will also earn 1000 PoshVine Reward Points for a few specified table reservations as mentioned in the Website.The mechanism of PoshVine Reward Points can be changed at anytime without notice.
The purpose of Poshvine Reward Points is to help users experience the site, and to promote loyalty. Users cannot claim reimbursement on loss of rewards points or demand exchange of the same for actual money. We reserve the right to withdraw and/or stop awarding credit points without notice.
Intellectual Property Rights
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Viverati owns all intellectual property rights in and to the trademarks "Viverati" and "PoshVine" and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Viverati without obtaining authorization from Viverati.
- Notwithstanding the foregoing, you will solely be responsible for any content that you provide or upload when using the Website, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
Links To Third Party Sites
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Viverati, and we are not responsible for the contents of any Linked Site or any transactions made by you on such Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Viverati is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Viverati provides Linked Sites in the form of online advertisements or to communicate more information or to enhance the experience of the Website to you only as a convenience and the inclusion of any Linked Site does not imply endorsement by or affiliation with Viverati of the Linked Sites nor does it represent the advice, views, opinions or beliefs of Viverati. You shall verify the accuracy of all information on your own before relying on any such information. By accessing the Website or following links to any Linked Sites, if you are exposed to content that you consider offensive or inappropriate, you will not have any claim against Viverati pursuant to such exposure.
Disclaimer of Warranties & Liability
Viverati has endeavoured to ensure that all the information on the Website is correct, but Viverati neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service referred to on the Website. In no event shall Viverati be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages pursuant to your use of the Website. Neither shall Viverati be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide any functionalities of the website, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Viverati shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
Viverati and its suppliers, affiliates and service providers provide the Website, the products offered thereon and services including EBS and CCAvenue "as is" and without any warranty or condition, express, implied or statutory.
Notwithstanding anything to contrary, Viverati’s entire liability to you shall be limited to the refund of the money charged from you for the transaction which has given rise to the liability. Under no circumstance shall Viverati be liable for any consequential, indirect or remote loss that you or any other third parties may suffer.
Indemnification
You agree to indemnify, defend and hold harmless Viverati from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Viverati that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Termination
- Viverati may suspend or terminate your use of the Website or any service offered by Viverati at its sole and absolute discretion and without any prior notice.
- Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Viverati chooses to terminate them.
- If you or Viverati terminates these Terms or your use of the Website, Viverati may delete any content or other materials relating to your use of the Website and Viverati will have no liability to you or any third party for doing so.
Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
Report Abuse
If you come across any abuse or violation of these Terms, please report to concierge@poshvine.com.
Electronic Communication
When You use the Website or send emails or other data, information or communication to PoshVine or Viverati, you agree and understand that you are communicating with PoshVine through electronic records and you consent to receive communications via electronic records from PoshVine and Viverati periodically and as and when required. PoshVine will communicate with you by email or electronic records on the Website which will be deemed adequate service of notice / electronic record.
Taxes
You are responsible for paying all fees and taxes associated with the use of the Website and conduct of transactions through the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Viverati and you shall have no authority to bind Viverati in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by email to Viverati at [insert address] and to you at the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between you and Viverati with respect to the subject matter hereof.
If you have any questions about these Terms of Use, please contact us at Contact Us form.
B. Terms of Sale
PoshVine is an online destination that provides insider access to curated dining and culinary experiences.
You can make instant and free online reservations at any of the PoshVine member restaurants. Once your booking is confirmed, you simply need to turn up at the restaurant at the designated time and inform the manager/waiter that you have booked your table through PoshVine. The PoshVine benefit as mentioned for the specific restaurant will be applied pursuant to all controllable factors by the Company.
In the Experiences section, you can view the various experiences on offer and you can quickly and easily purchase access to an experience using online payment mechanisms or by using PoshVine Reward Points, pursuant to you meeting the Rewards terms.
Any offers availed of, and purchases made on the Website by you or through PoshVine will be subject to the following terms:
- Upon making a reservation or a purchase at the Website, you will get a confirmation by email and/or SMS (depending on whether we have your mobile number in our records).
- In case the merchant/service provider so requires, you will be required to provide proof of such confirmation to the Service Provider in respect of which you have made a purchase/ reservation while availing of the discount purchased. If you are unable to provide such confirmation, neither Viverati nor the Service Provider shall be liable to honour your reservation.
- The Service Provider, not Viverati, is the seller of the goods and services and is solely responsible for honouring your table reservation, providing the discount and ensuring the quality of goods and services sold. Viverati merely provides the Service Provider with a platform to sell its goods and services.
- Your reservation is for the particular date and time stated on the Website while booking. If you do not claim your booked table or for the experience package advertised through PoshVine within the stipulated time frame as explicitly mentioned in the website, the Service Provider is entitled to cancel your reservation and Viverati and the Service Provider shall not be liable to refund any amounts paid by you for making such booking. For restaurant bookings, your reservation stands for a period of 30 minutes from the booking time, and in the event of any undue or uninformed delay, the Service Provider is entitled to provide the table to any other person and Viverati and the Service Provider shall not be liable to refund any amounts paid by you for making such booking. However, Viverati may, at its sole discretion, extend the offer to another suitable date, in the case of such no-show.
- Unless expressly stated otherwise, you will not be entitled to receive any credit or cash-back for your spends on the Website.
- Unless expressly stated otherwise, you cannot combine any offer on the Website with any other offers on the Website or with any other special offers or promotions offered by any Service Provider.
- Viverati is merely the aggregator of restaurants and experiences and is a platform for reserving your presence for specific tables in our partner restaurants and lounges, booking for curated experiences or offering package deals on one or more products. The tables and the deals are the property of the respective third party Service Provider. Accordingly, the Service Provider shall be solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you or your relatives, pursuant to the goods and services provided by the Service Provider.
- Notwithstanding anything to contrary, Viverati's entire liability to you shall, in the aggregate, be limited to the refund of the money charged from you for any specific reservation, in relation to which the liability has arisen. Under no circumstance shall Viverati be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
Refund Policy
When you buy our products/services, your purchase is covered by our 30-day money-back guarantee. If you are, for any reason, not able to avail of the experience package, we will cheerfully issue a full refund, provided you meet our stated timelines.If an experience gets cancelled, you receive the full refund within 15 business days. If you cancel your booking for an experience within 2 to 7 days before the event, you receive a 50% refund. If you cancel your booking within 48 hours prior to the experience, there will be no refund. For table bookings at restaurants, cancellations would mean a reversal of PoshVine Reward Points for that booking. You may note the reversal within 24 hours of your actual reservation time. We develop and sell software that we use ourselves every day and have thousands of satisfied customers, and our support is second to none. To request a refund for any other reasons, simply contact us with your purchase details within thirty (30) days of your purchase. Please include your order confirmation details, booking ID, etc. (sent to you via email after ordering) and optionally tell us why you’re requesting a refund – we take customer feedback very seriously and use it to constantly improve our products and quality of service. Refunds for restaurant bookings, if any, under the PoshVine Restaurants section, will happen only through PoshVine Reward Points as there is no monetary transaction required to make your table booking.
C. Privacy Policy
General Usage
This Privacy Policy explains how Viverati collects, uses, discloses and protects your Personal Information, obtained explicitly through www.poshvinel.com website ("Website"), as well as other information collected automatically without direct submission by you. 'Personal Information' is information that enables anyone to contact you and your credit-card, debit card or net banking details. Your full name, address, IP address, e-mail address are other examples of Personal Information.
You may need to provide Viverati your Personal Information during the course of using some services offered by the Website; for instance, while registering on the website and while making an online reservation at a listed restaurant.
Viverati may use the information submitted by you to send you e-mails for administrative purposes. Viverati does not make these e-mail addresses available to any third party. Viverati DOES NOT trade or sell your Personal Information in any manner, except as is provided under Section 2 below or if express consent is sought from you.
When you use the Website, Viverati’s servers (which may be hosted by a third party service provider) may collect information indirectly and automatically about your activities on the Site; for instance by way of cookies. A cookie is a small amount of data that is sent to a user's browser from a web server and is eventually stored on a user's computer hard drive. This anonymous information is maintained distinctly and is not linked to the Personal Information you submit to Viverati. The anonymous information will be used Viverati’s understanding of how the Website is used and for other statistical purposes, for system administration and to personalize your experience. Viverati may also collect information related to access times, browser type, and your IP address for tracking usage patterns and, if necessary, deny service in accordance with our Terms.
Viverati may disclose aggregated information about the use of the Website, but it will never contain Personal Information. Viverati does not disclose Personal Information to third parties in the normal course of operations. However, in situations when Viverati is legally obligated to disclose information to the government or other third parties, Viverati will do so.
Viverati implements standard measures to protect against unauthorized access to and unlawful interception of Personal Information. However, no internet site can fully eliminate security risks.
Shared Personal Information
You are required to submit your personal information at the time of registering and making an online reservation at a partner restaurant or making a booking for an experience. Viverati uses an online payment gateway that is operated by a third party and the personal information that you share with Viverati is transferred and shared with such third party payment gateway operator. The said operator may also have access to your online purchase history/details that you make from www.poshvine.com.
Extremely sensitive information like your credit-card details are transacted upon secure sites digitally under encryption, thereby providing the highest possible degree of care are available as per current technology. You are advised, however, that Internet technology is not 100% safe and you should exercise discretion on using the same.
General
Viverati will use information only in accordance with the Privacy Policy under which the information was collected unless we have received explicit authorization.