Terms of use

Website Terms of Use
All users and establishments must read and agree to the Terms of Use of the Website

E-Simplified Inc. ("E-Simplified") is the lawful owner and runs the website published as and bearing the unique resource locator (URL) “www.indiandining.ca” (“Website”). The purpose of the Website is to provide online access to a catalogue of information with respect to restaurants offering Indian cuisine and grocery stores providing Indian food and grocery supplies and related products and services which information will be supplied and maintained by third party establishments. By accessing and using this Website, you agree to be legally bound by each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement".

E-Simplified reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below. Now therefore this Agreement provides for the following terms and conditions:

1. Use of Site -You may use the Website, and the information, writings, images and/or other works that you see on the Website (“Content”) solely for your non-commercial, personal purposes and/or to learn about Indian restaurants and food products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website, except as expressly permitted by the Terms of Use. You may download and reprint Content for non-commercial, non-public, personal use only. You shall not manipulate or alter in any way the Content on the Website.

2. Disclaimer of Warranties – E-Simplified makes no representations, express or implied warranties or endorsements whatsoever with respect to the Website, the services or the Content. E-Simplified expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website, the Content and any product or service furnished or to be furnished via the Website. E-Simplified does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. E-Simplified does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Website, the service and the Content are provided on an “as is” and “as available” basis.

3. Limitation of Liability -In no event will E-Simplified or its officers, directors, employees, agents, licensors or respective successors and assigns be liable for any damages whatsoever arising in tort, contract or otherwise, including, but not limited to any direct, incidental, consequential, special, exemplary, aggravated or other indirect damages arising out of (i) the use of or inability to use the Website, the service, or the Content, (ii) any transaction conducted through or facilitated by the Website; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Website, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Website, the service, or the Content, even if E-Simplified has been advised of the possibility of such damages. If you are dissatisfied with the Website, the service, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the Website. As some provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such provinces as well as others, E-Simplified’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed One Hundred Canadian Dollars ($100.00). You hereby further agree to release E-Simplified and its officers, directors, employees, agents and their respective successors and assigns, from damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the Website or by third parties through the Website.

E-Simplified expressly repudiates and rejects any/all liabilities or claims for all acts, omissions or conduct of any third-party users of the Website or any establishment, advertiser or sponsor of the Website (“Third-Party Users”). It is further expressly denied that E-Simplified and its officers, directors, employees, agents, licensors or permitted assigns, shall not be liable for any injury, loss, damage including but not limited to special, indirect, incidental, aggravated or consequential damages or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any Third-Party User; and (ii) any use or inability to use any materials, software, Content, goods or services located at or made available at any website linked to or from the Web site.

The Content published on the Website is not an advise or expression of an opinion and is provided expressly for informational purposes only and you should not rely upon the information to provide any further advice.

4. Indemnification - You understand and agree that you are personally responsible for your behavior or conduct on the Website. You agree to indemnify, defend and hold harmless E-Simplified, its affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Website from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website, the service, or the Content, or any violation by you of this Agreement.

5. Content Management, Modifications and Updates - The establishments advertising on the Website and other Content contributing partners including suppliers and advertisers or other Third-Party Users shall be solely responsible to provide, manage, modify and keep updated any/all Content uploaded on the Website and shall be further, solely responsible for any improvements and modifications to the Content including, but not limited to, the menus, pricing lists and other Third-Party User specific information provided by the establishments and other Third-Party Users. Any such improvements or changes to the Content including the information, services, products, and all other materials on the Website shall be effective from the time it is published and/or modified on the Website. E-Simplified may modify this Agreement at any time, or terminate the Website, at any time without advance notice and such modifications or termination shall be effective immediately upon posting of the modified Agreement or the termination. Accordingly, you agree to review the Agreement at regular intervals, and your continued access or use of the Website shall be deemed your acceptance of the modified agreement.

6. User Supplied Information and Review - E-Simplified does not want to receive confidential or proprietary information from you via the Website. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give E-Simplified the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. E-Simplified also reserves the right to manage, review and approve any/all Submissions prior to publishing the same on the Website. Any Submission found to be abusive, offensive or provocative will be deleted at E-Simplified’s sole discretion and shall not be published on the Website. The Website Content reviewers do hereby reserve the express right not to publish or remove any Submission which in their entire discretion seems to be inappropriate or is targeted with a hidden purpose by restaurateurs or other third-party content providers. Similarly, any Submissions from unidentified sources shall not be published on the Website nor shall the Submissions submitted by fictitious names or aliases be published on the Website. All errors in the Submissions including language and factual errors shall be edited and/or reviewed by E-Simplified and any complaint relating to such corrections shall be dealt on an individual basis.

7. Password Security - If you register to become a member of the Website, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

8. Links to Third-Party Web Sites - Links on the Website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by E-Simplified of the third party, the third-party’s Website, or the information contained therein. E-Simplified is not responsible for the availability of any such websites. E-Simplified is not responsible or liable for any such website or the content therein. If you use the links to the websites of E-Simplified affiliates or content providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those websites.

9. User Conduct - You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

10. Unsolicited E-mails – It is strictly prohibited to send out unsolicited commercial e-mails to any of the members, clients or any other entity whatsoever through the email addresses listed on the Website. Contacting the members for commercial purposes other than the purchase of product or services is strictly prohibited.

11. General Provisions

(a) Entire Agreement/No WaiverThese Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by E-Simplified of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(b) Correction of Errors and InaccuraciesThe Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. E-Simplified therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. E-Simplified does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

(c) Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, E-Simplified's Privacy Policy, your use of the Website or the Content are governed by, and will be interpreted in accordance with, the laws of the province of Ontario, without regard to any conflict of laws provisions.