We, Svagam Hospitality Pvt. Ltd. ("We", "Us", "Our", “Company”), is in the business of providing a cloud-based point of sales software application under the brand name “Carbon” 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 “Carbon 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 Carbon Platforms and licensed the use of the same by way of various subscription models for a Subscription Fee.
The subscription to the Carbon POS Platform and other value-added services ("Carbon Subscription") offered by us is subject to our Terms of Services that are agreed upon by you (or anyone who accesses and uses the Carbon Platforms shall be referred to as “You”, “Your” or “User” as the context may require) at the time of subscription. You may select a Carbon subscription plan of your choice and make payment as per the required payment method(s) available for different Carbon subscription plans.
You are required to pay a subscription fee as per the Carbon Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for the Carbon 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 Carbon Subscription will be activated only upon successful payment of the Subscription Fee made through the Carbon Platforms as per the applicable subscription plan chosen by you.
You may cancel your paid Carbon Subscription at any time by visiting Your Account and adjusting your subscription settings on any of the Carbon Platforms. If you cancel the Carbon Subscription within 15 business days of signing up for such paid Carbon 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 Carbon 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 Carbon 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 Carbon Platform since the payment of the Subscription Fee.
If you cancel the monthly Carbon Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage of any of the Carbon benefits since the payment of your Subscription Fee.Revisions
We may, in our discretion, change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of the Carbon 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 Carbon 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 Carbon Subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Service 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 CARBON 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 CARBON SUBSCRIPTION.