Last updated April 27, 2017
Please read these Terms carefully before using the Site. By accessing, using or browsing the Site, you agree to be legally bound by these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
CHEERS IS A DEAL MARKETING SITE AND SELLS DEALS OFFERED BY RESTAURANTS, PUBS AND OTHER HOSPITALITY ESTABLISHMENTS (“DEAL MERCHANTS”). CHEERS DIRECTLY OR INDIRECTLY DOES NOT SELL ALCOHOL/LIQUOR/ALCOHOLIC BEVERAGES.
USERS OF THE SITE MUST ENSURE THAT THEY ARE ABOVE THE LEGAL AGE OF ALCOHOL CONSUMPTION TO REDEEM THE DEALS OFFERED BY THE DEAL MERCHANT ON THE SITE. UNDER NO CIRCUMSTANCES THE DEALS OFFERED ON THIS SITE WILL BE REDEEMABLE FOR USERS BELOW THE LEGAL AGE OF ALCOHOL CONSUMPTION. FULL RESPONSIBILITY TO ENFORCE THE LEGAL AGE FOR ALCOHOL CONSUMPTION LIES WITH THE RESTAURANTS/PUBS/HOSPITALITY ESTABLISHMENTS AND THESE ESTABLISHMENTS SHALL REFUSE TO REDEEM DEALS TO SUCH USERS FLOUTING THE LAW OF LEGAL AGE FOR DRINKING.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE LEGAL AGE OF DRINKING TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO REDEEM THE DEALS BEING OFFERED BY THE DEAL MERCHANT ON THIS SITE AT RESTAURANTS/PUBS/HOSPITALITY ESTABLISHMENTS.
Cheers may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must immediately stop using the Site. If you have any questions about the Terms, please email us at the contact address below.
The various services we channel on the behalf of deal merchants through the App (collectively,“Services”) are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
This offer/deal/subscription (“Deal”) benefit is valid only on standard size/serving as per the standards of the deal merchant.
To redeem the deal, subscriber needs to select the Deal Merchants through the Cheers! App and select the Deal. Subscriber needs to be present inside the outlet of the Deal Merchants to redeem the Deal. The process mentioned in this paragraph does not require/warrant any financial transaction.
Drinks brands are subject to availability. If a particular brand is unavailable at a given point in time another brand will be served as per the particular deal merchant policy.
Cheers! deal can be redeemed only after due verification of the customer
You further agree and acknowledge that the Cheers! is not involved in any sale and purchase of deals/goods/products and cannot warranty the quality and merchantability of the deals/goods/products listed on Cheers!. Cheers! is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the deal merchant and the subscriber. Cheers! shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the subscribers/users and the deal merchants.
The number/quantity of deals remaining for a subscription period is mentioned in the Cheers! App. This is the maximum number of times a subscriber can redeem the deal for that particular subscription period.
DEAL MERCHANTS do not serve alcohol on dry days and any other days as required by various laws as applicable..
This subscription does not guarantee reservation at the Deal Merchant venues. Having a subscription or access to the Site does not guarantee you entry or service at Deal Merchant venues at all times. Deal Merchant venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way.
The right to refuse redemption of the deal in case of a dispute lies with the Deal Merchant, wherein the circumstance of the dispute maybe defined at the sole discretion of the Deal Merchant alone. Cheers! in no way what so ever plays any role either in deal redemption or dispute definition or in any other way.
Registration Data; Account Security
If you register for an account on the App, you agree to:
– provide accurate, current and complete information as may be prompted by any registration forms on the Site(“Registration Data”);
– maintain the security of your password;
– maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete;
– accept all risks of unauthorised access to the Registration Data and any other information you provide to the Site.
– use this site for personal purposes and not for commercial purposes.
– to have no more than one account, and to not sell, trade or transfer that account to any other person, or access Cheers by any other means other than through the interface provided publicly.
– You are responsible for all activity on your Site account.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage Cheers may suffer. If you become aware of any unauthorized use of your account, you agree to notify us immediately at email@example.com
Fees; Charges; Taxes
At present Cheers offers premium subscription of our services starting at Rs333 per month, Quarterly at Rs 666 and Annual at Rs 2222 per year, inclusive of taxes. We reserve the right to adjust pricing at any time. Any price changes to your membership will take effect on your next billing cycle upon notice communicated through an update on the Site or any other means deemed appropriate by Cheers! staff.
Subscription to Cheers!/Subscription fees/Subscription benefits are linked/recognised/honoured to subscriber’s phone number as well as the mobile/phone/device or device ID from which he/she registers with Cheers!, as the case may be.
Cheers! membership is limited to one mobile/phone number usage only and its not transferable. If in any case subscriber changes his/her such registered mobile/phone number, with which Cheers! subscription/Subscription fees/Subscription benefits are linked/recognised/honoured, any such Subscription to Cheers!/Subscription fees/Subscription benefits stands non-existent on any such mobile/phone number, irrespective of the fact the same subscriber/subject owning all such mobile/phone numbers.
Cheers! membership is limited to one mobile/phone/device usage only and its not transferable. If in any case subscriber changes his/her such registered mobile/phone/device or device ID, as the case may be, with which Cheers! subscription/Subscription fees/Subscription benefits are linked/recognised/honoured, any such Subscription to Cheers!/Subscription fees/Subscription benefits stands non-existent on any such mobile/phone/device or device ID, as the case may be, irrespective of the fact the same subscriber/subject owning all such mobiles/phones/devices or device IDs, as the case may be.
Your credit card information is processed and securely stored by our payment partners, one of the leading companies in mobile app payment processing. Cheers does not store any of your credit card information. The processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms here.
By signing up and purchasing your Cheers subscription (“Membership/subscription”), you authorize us to charge you for your initial subscription period at the then current rate, which may update from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site. Your first Membership cycle, less any special discounts will be billed immediately at the time of purchase. We reserve the right to update the timing and date of our billing, and if we do, appropriate billing adjustments shall be applied to your account. In the case if you upgrade from a monthly to an annual Membership, your new effectively billing date will start immediately upon the purchase of the upgraded Membership, with a credit adjustment automatically applied to your new purchase amount towards any remaining days from the original monthly Membership period.
In general Membership fees or any other fees are nonrefundable. Membership purchases are contracted for the full length of the entire term, whether one month, multiple months, or one year at a time, and members are responsible for payment of the entire contracted amount upfront prior to using of any Cheers services in such paid period. From time to time, at Cheers staff’s sole discretion we may choose to provide a refund or discount towards current paid period, however, such decisions do not entitle you or any other person to any future discounts or refunds in the future for similar instances.
DELETING THE Cheers APP FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST FOR ACCOUNT CANCELLATION. You nonetheless will remain responsible for any uncollected amounts. If we cannot charge your account, we reserve the right to immediately terminate your subscription and access to our Site or any portion thereof.
Marketing Services and Beverages Purchases
Cheers provides a marketing service, and a marketing service only, to hospitality establishments (“Venues” or a “Venue”), by referring qualified Cheers subscribers to discover and pay for products and services at these Venues. Cheers is a subscription based deal platform and your subscription purchase is simply for the acknowledgement to be a Cheers subscriber and ability to use our Site. At no time are you buying any alcoholic beverage from Cheers. Subscription privileges include but not limited to access to exclusive lifestyle content, invitation to special events, ability to purchase limited edition merchandise from Cheers and its partners, and more.
Subscription based deal platform
Cheers is a subscription based deal platform and your subscription purchase is a privilege and not a guarantee. Cheers reserves the right to terminate your subscription with or without cause at any time. Your use of the Site and Cheers services is subject to you following all subscription rules and acceptable behavior and conduct, as well as all applicable local, state and central laws and regulations. Having a subscription or access to the Site does not guarantee you entry or service at Venues at all times. Venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way or any certain days like 26 Jan, 2 October, 25 Dec., 31st Dec etc and as notified by the concerned governments/public authorities. By using the Site, you agree:
– To comply with local state and central laws and regulation;
– Not to use the Site or Cheers services at Venues if you are under 25;
– Not to maintain more than One (1) account per person;
– Not to access the Site or Cheers services using a 3rd party subscription account;
– Not to use the Site for illegal purposes;
– Not to commit any acts of infringement on the Site;
– Not to use the Site to engage in any commercial activities;
– Not to copy any content for republication in print or online;
– Not to create disruption or interfere with another person’s use and enjoyment of the Site;
Not to upload or transmit viruses or other harmful files that disrupt or violate the security of the Site or any Cheers services.
Links To Other Sites
The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Cheers does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Cheers provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Cheers’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Cheers accepts no responsibility for reviewing changes or updates to, or the quality, Content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. When you leave the Site, our Terms no longer govern. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The content on the Cheers! which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User/subscriber shall be solely responsible for any loss caused and We shall not be liable. You may send us an email at firstname.lastname@example.org to report any such content.
The use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
Reviews, comments and other User Content
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
Users of our website may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In case a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Cheers! has the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our site.
Advertisements And Promotions
Cheers may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Cheers, and any Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Cheers is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
The Site, the Content and the Services available on the Site are provided to you on an “as is”, “as available” basis without representations, warranties, conditions or guarantees from Cheers of any kind, either express or implied. Cheers expressly disclaims all representations, warranties, conditions or guarantees, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Cheers does not represent or warrant that Content or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any representation or warranty as to the accuracy or proprietary character of the Site, the Content, the Services or any portion thereof. You are solely responsible for any resulting damage to your computer system or loss of data arising from your use of the Site, the Content or the Services.
While Cheers attempts to make your access to and use of the Site safe, Cheers does not represent or warrant that the Site, the Content or any Services are free of viruses or other harmful components as a result of malicious attacks from third party.
Limitation Of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Cheers, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content or the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site, the Content and the Services entirely at your own risk.
Without limitation of the foregoing, neither Cheers nor any other Released Party shall be liable for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Services or the Content, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Site or the Content or any Services; (ii) any third party claims that the use by you of the Content, the Site or any of the Services violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site, the Services or the Content, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Cheers or any other Released Party’s records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Site, whether through blogs, the Services or otherwise, or persons that you meet through the Site; or (v) any other matters relating to this Site, any User Submissions (as defined below), the Content or the Services, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not Cheers had any knowledge, actual or constructive, that you might incur such damages.
In no event shall the aggregate liability of Cheers, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site, the Content or the Services during the three (3) months prior to the date of any claim.
You shall fully defend, indemnify and hold harmless Cheers and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither Cheers!, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.
Applicable Law And Venue
You and Cheers explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Haryana applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to:
the Site, the Services or Content;
oral or written statements, advertisements or promotions relating to these Terms or to the Site; or
the relationships that result from these Terms, the Site, the Services, or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Cheers related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Cheers. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the State of Haryana. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
Termination/Modification Of License And Site Offerings
Notwithstanding any provision of these Terms, Cheers reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:
– terminate your license to use the Site, or any portion thereof;
– block or prevent your future access to and use of all or any portion of the Site, the Services or Content;
– change, suspend or discontinue any aspect of the Site, the Services or Content; and
impose limits on the Site, the Services or Content.
- Termination Of Terms
Cheers may terminate these Terms and your use of the Site at any time. You may terminate your use of the Site at any time. When your Cheers account is deactivated, any prepaid premium services shall remain in effect until the end of the original term.
Electronic Contracting And Notice
Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Cheers regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Cheers regarding your use of the Site. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
Questions And Comments
If you have any questions regarding these Terms or your use of the Site, please contact us at: