The following terms and conditions along with the privacy policy and any other policy as updated from time to time in the website regulate the use of the website http://www.fgstatus.com (hereinafter referred to as the “Website”). This is an electronic generated document that does not require any physical or digital signature for its authenticity. The following terms have a bearing on your legal rights and duties. Therefore, the users are requested to go through the following terms very carefully. By transacting with us or accessing the website, you agree to be bound by these terms and conditions. If you find any of the terms to be unacceptable or do not agree with all or any of the policies stated herein, you should refrain yourself from using or transacting the website.

For the purpose of this Agreement, the terms ‘you’, ‘yours’ and ‘user’ refers to the user or viewer of the Website and the terms ‘we’, ‘us’, ‘FG-Status’ and‘HeyFai ROS’ refers to the owner of the Website.

FG-Status reserves the right to update, change, modify, alter, add or remove at any time the terms of service or any part thereof applicable to you.  Such changes, modification, alteration, addition or deletion shall be effective immediately upon notice thereof which may be specified by means including, but not limited to posting on website or by electronic mail or by any other means by which the user obtains notice thereof. By continuing use of the website after posting of such changes, it will be presumed that you have read and agree to be bound by the modified terms.

As long as you comply with these Terms of Service, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

1. Service Overview:

FG-Status provides a web app named “HeyFai ROS” where the registered restaurant members can take orders (dining-in and takeout), take reservations, and manage kitchen order fulfilment through the web app.

 

2. Eligibility: 

The use of this website is limited to Person of legal age 18 or above, who is eligible to form a binding contract and who is not a person barred under the applicable laws of land or jurisdictions to avail such services.

By continuing to use this website or our services, you represent that you are not a legally incapacitated person to form a binding contract under the applicable laws of land or jurisdictions and accepting this agreement on behalf of yourself.

 

3. Account Registration:

For availing the online ordering system service, the users need to sign up and register an account with our server. The users are required to provide certain information for successful registration of the Account and would receive a username and password upon the completion of such registration. The users agrees to provide all correct and accurate information required for the setup like the name of the restaurant, its location, store hours, menu, delivery system, payment gateway, etc.. The user should take all necessary steps for maintaining the confidentiality of the username and password and shall also be responsible for all the activities that occur under your account. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to immediately notify FG-Status of any unauthorised use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, FG-Status shall not be held liable.

 

4. License to use the Website:

FG-Status is the website where the users can sign up for the subscription plans for availing the online ordering services provided by our independent web app HeyFai ROS. You shall not attempt to sell, rent, copy, reproduce, duplicate, republish, redistribute or otherwise extract the source code of the website/App or exploit any material available on the website/App or any part thereof. You further agree not to translate the Website into other language or make derivative versions of the same. You assure that you will comply with all the applicable laws including the local laws of your country of residence while using the website.

 

5. Intellectual Property: 

The contents that appears on the website and HeyFai ROS, including without limitation to graphics, data, text, layout, page headers, button icons, photograph, arrangements, source code, software compilations and programming (including HTML or other codes) and any other materials, contained or available in the Website are the copyrighted work of FG-Status and is protected under copyrights and other intellectual property laws and relevant international treaty provisions. You agree not to copy, use, edit, modify, reproduce, publish, display, distribute, store, transmit, exploit or otherwise disseminate any such materials, in any form whatsoever, without the prior written consent of FG-Status. Any such unauthorized acts are expressly prohibited by law and may result in severe civil and/or criminal penalties.

The trademark, logo and service mark displayed on or in the Website/App is the exclusive property of FG-Status as it reserves all the intellectual property right in these contents. The user agrees not to use, reproduce, sell, transmit, create derivate work or distribute any content from the Website. Additionally, you agree not to use our trade dress, or copy the look and feel of our Website, the web App or its design, without our prior written consent. Use of the Website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of FG-Status.

 

6. Prohibited Activities:

Except as expressly permitted in these Terms of Use, you confirm and undertake that you will not:

(i) Use the Website in any illegal manner or any manner which encourages or promotes illegal activities;

(ii) Modify, adapt, translate or reverse engineer or re-format or frame whole or any part of the Website;

(iii) Upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the  or other user’s device;

(iv) Violate, abuse, manipulate or exploit any terms and conditions of this Agreement or any code of conduct or other guideline as provided under the Website;

(v) Make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about FG-Status and its associates and partners or any property owned by FG-Status;

(vi) Circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;

(vii) Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;

(viii) Attempt to crawl, scrap, extract, and harvest or otherwise access any data or content of the website via any automated means or systematic means;

(ix) Attempt to test the vulnerability of the Website by using unfair means to disproportionately put load on the Website’s infrastructure;

(x) Make efforts to subvert the website’s navigational structure by hacking into the Website or Website database to obtain information about our business practices that is not available for personal use;

(xi) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services;

(xii) Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;

(xiii) The User agrees not to deliver any items that is poisonous, hazardous or danger to human health.

 

7. Subscription Plans: 

The users can choose from any one of the subscription plan for the following periods:

• Trial Plan - 1 month validity.
• Basic Plan - 6 or 12 months validity. 
• Advanced Plan - 6 or 12 months validity.

The charges for the subscription plans will be as mentioned in the website. All the charges are subject to timely revision and FG-Status holds the right to change the subscription charges at any time at its own discretion. Such revised price shall be updated in the website or communicated to the users through the email id registered with us.

It is the responsibility of the users to renew/extend the subscription plan before its expiry date for availing the services provided under HeyFai ROS. If the user fails to extend or renew the subscription plan before its expiry, the users will not be able to use the services and FG-Status will not be responsible for any loss resulting out of it.

 

8. User Content: 

The Users shall be solely responsible for the content that they submit through our website which may include without limitation to the menu items, price, photos, data, trademark, trade name, service name or other proprietary materials. The users agree that they have full legal right to submit those materials and agree not to submit any material that is illegal, derogative, and offensive or violates other person’s intellectual property rights or other proprietary rights. The user agrees to indemnify and defend harmless FG-Status from any action or claim arising out of or in connection to the breach of this clause.

 

9. Disclaimer:

FG-Status neither sell/prepare any items contained in the order placed by the customers nor does it act as a party to the transaction between Restaurant and the customer. Therefore, FG-Status disclaims all warranty over the quality and quantity of the items. The users are required to keep the credentials of their account to our system confidential. FG-Status will not be held liable for any activities done by a third person having access to the credential. If you believe that the credentials have been lost to someone else or someone else is accessing your account, immediately notify us. However, FG-Status shall not be held liable at any instance for any activities done under your account.

FG-Status does not guarantee that by utilizing our services, there will be increase in the sales of the restaurants. 

FG-Status makes constant endeavours to provide a software service of the high quality. However, the increase or decrease in data or business also depends upon a variety of other factors. Therefore, FG-Status cannot be held liable for any loss in the data or business of the users.

The use of the Application is at user’s sole risk. The services are provided to you on “IS AS” basis without warranty of any kind either express or implied. Without limiting the foregoing, FG-Status and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. FG-Status does not warrant that the services provided by the Website will be uninterrupted or error free or that the Application or the server that makes it available are free from viruses or other harmful components. Further, FG-Status would not be held responsible for non-availability of the Website that may occur during any periodic maintenance or technical issue beyond the control of FG-Status. We are not responsible for any technical failure of internet or the Website/Application or any damage or injury caused to the user or their device as a result of or relating to their use of the Website/Application.

 

10. Communication Clause: 

By using or transacting with us through this website, you agree to receive communications via emails  from us which may contain your personal data and other relevant information. You agree that you have no problem in receiving emails that includes promotional emails  from us in the future. You agree that the communications made such emails satisfies the legal requirement of being in writing.

 

11. Breach of Terms and Conditions:

Without prejudice to the other rights of FG-Status under this Terms of service, if you breach any of the terms of service or any part thereof in any manner whatsoever, FG-Status reserves the right to take such action as it deems appropriate including suspension or termination of service.

 

12. Suspension or Termination: 

FG-Status reserves all the right to suspend or terminate the user’s use of the website without giving prior notice, if FG-Status finds that the user has violated any of the terms and conditions, policies or guidelines. The user can terminate the agreement at any time, provided that the user discontinues any further use of the website. Upon any termination of the User Agreement by either you or FG-Status, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. In the event a user terminates the agreement or wishes to discontinue with our services before the expiry of the paid subscription plan, the user shall not be entitled to any refund.

 

13. Copyright Infringement Policy:

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on FG-Status website or on HeyFai ROS web app or in connection with the services or materials, you may request removal of those materials or access thereto from the Website by submitting a written notification (a “Notice”) in accordance with the provisions of Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

We will respond to clear notices of copyright infringement consistent with the requirements of DMCA. Response to such notices may include removing or disabling access to the allegedly infringing content.

A written notification of claimed copyright infringement must contain the following elements:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the infringed copyright;
• Identification of the copyrighted work(s) that you claim to have been infringed and;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is asked to be removed;
• Information reasonably sufficient to permit FG-Status to contact you, such as your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the use of the content or material identified in your notice is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Upon receipt of a copyright notice, we may remove the infringing content from our Website or Application if we are of firm believe that the claim submitted are genuine and infringes upon the copyright of the complainant.

If you fail to comply with all of the requirements of DMCA, your notice may not be effective.

If you believe that the material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter‑notification with us by submitting written notification to our copyright agent pursuant to sections 512(g) (2) and (3) of DMCA.

All the claims for copyright infringement shall be submitted to the email address at dmca@fgstatus.com.

 

14. Indemnification:

You shall indemnify and hold harmless FG-Status its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Service, and other Policies, or your violation of any law, rules or regulations or the rights including infringement of intellectual property rights of any third party.

 

15. Third-Party Links:

FG-Status may contain links to websites operated by other companies (third party sites). Your use of such third party sites are not governed by these terms and condition. The third party websites are not controlled by FG-Status and therefore FG-Statusis not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by FG-Status.

 

16. General Terms: 

a) The aforesaid terms are independent in nature. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

b) This Agreement constitutes the entire Agreement between the parties concerning the subject matter of this Agreement and shall supersede any and all prior arrangement, negotiations, agreement made between the parties, whether orally or in writing, with respect to the subject matter of this Agreement.

c) These terms shall remain subject to the relevant laws of the United States. The place of jurisdiction shall be

d) Any dispute arising out of or in relation to these terms and service, shall be subjected to the exclusive jurisdiction to the courts in Santa Clara County, California.

e) The usage of our services is not solely governed by these terms only. You are thus requested to refer to our http://www.fgstatus.com/privacy also.

In case of any query or doubts with respect to our Terms of Service, please feel free to contact us at: sales@fgstatus.com, support@fgstatus.com