We, Payammu Food Services Private Limited ("We", "Us", "Our", "Company"), are in the business of providing a cloud-based point of sales software application under the brand name “Payammu” for restaurants together with optionally integrated services such as mobile or card payments, inventory management, deals and discounts, ordering and delivery apps, table booking apps, suppliers’ marketplace, analytics apps, etc., using a programmable API architecture. The Company through such point of sale software application and websites (together referred to as “Payammu Platforms”) also provides end-to-end integration of services for restaurant management to various restaurants and food outlets. The Company has created and owns the Payammu Platforms and licensed the use of the same by way of various subscription models for a Subscription Fee.
The subscription to the Payammu POS Platform and other value-added services (“Payammu Subscription”) offered by us is subject to our Terms of Service that is agreed by you (or anyone who accesses and uses the Payammu Platforms shall be referred to as “You”, “Your” or “User” as the context may require) at the time of subscription. You may select a Payammu subscription plan of your choice and make payment as per the required payment method(s) available for different Payammu subscription plans.
You are required to pay a subscription fee as per the Payammu Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for Payammu Subscription as stated in various subscription plans is non-refundable, no refunds are eligible for Food services from our platform except as expressly set forth in these cancellation and refund terms (hereinafter referred to as “Cancellation & Refund Policy”). Taxes may apply on the subscription fee. Your paid Payammu Subscription will be activated only upon successful payment of the Subscription Fee made through the Payammu Platforms as per the applicable subscription plan chosen by you.
You may cancel your paid Payammu Subscription anytime by visiting Your Account and adjusting your subscription settings on any of the Payammu Platforms. If you cancel the Payammu Subscription within 15 business days of signing up for such paid Payammu 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 Payammu 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 Payammu 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 Payammu Platform since the payment of the Subscription Fee.
If you cancel the monthly Payammu Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage of any of the Payammu benefits since payment of your Subscription Fee.
We may, in our discretion, change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of Payammu 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 Payammu 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 Payammu 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 PAYAMMU 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 PAYAMMU SUBSCRIPTION.