Terms of Use

1.1 The Platform is intended for use by persons who are competent to enter into legally binding contracts under the applicable laws of India. By accessing, registering on or using the Platform, you represent and warrant that you possess the legal capacity and authority to enter into these Terms and to comply with the obligations set forth herein.

1.2 Where a User accesses or uses the Platform on behalf of a company, partnership, proprietorship, limited liability partnership, trust or any other legal entity, such User represents and warrants that they are duly authorised to act on behalf of such entity and to bind it to these Terms. In such cases, references to “User”, “you” or “your” shall include both the individual acting on behalf of the entity and the relevant entity itself, where the context so requires. The entity shall be responsible for the activities undertaken through its account and by its authorised Users, subject to these Terms and applicable law. The founder or account administrator designated for the entity may manage user access, roles, permissions, subscription settings and available Platform functionalities in accordance with the features provided by the Platform.

1.3 By accessing, registering on or otherwise using the Platform, you confirm that you have read, understood and accepted these Terms and agree to comply with all applicable laws, regulations and the Platform Policies while using the Platform.

2.1 Thea IT owns, operates and manages the Platform, which functions as a cloud-based restaurant and retail management software platform that enables Users to manage and streamline restaurant operations, including ordering, table and chair management, kitchen order ticket (KOT) management, kitchen display systems (KDS), billing, taxation, payments, retail point-of-sale operations, stock management and multi-branch administration through integrated digital tools and functionalities. The Platform also provides tools and functionalities for managing menus, staff and permissions, tracking orders and kitchen operations, generating bills and thermal printouts, synchronising information across connected devices, generating business and operational reports, managing subscriptions and controlling access to the Platform based on assigned roles and permissions. Certain features and functionalities may be subject to the applicable settings, permissions, device compatibility and service configurations.

2.2 The services available through the Platform may include, without limitation, restaurant ordering and table management, chair and takeaway ordering, kitchen order ticket (KOT) management, kitchen display system (KDS) functionalities, menu item grouping, billing and taxation, discounts and payment processing, retail point-of-sale operations, stock management and transfers between service areas, staff and permission management, multi-branch management, business and operational reporting, thermal printing, real-time synchronisation across connected devices, subscription management, application updates and related software, technical support and other products, features, functionalities and services as may be introduced, modified or discontinued by Thea IT from time to time in accordance with these Terms and applicable law. The availability of particular features may depend on the applicable subscription plan, user roles and permissions, device compatibility and technical configurations.

2.3 Thea IT reserves the right to restrict, suspend or terminate any user’s access to the Platform, refuse to respond to or process any enquiry or service request, or discontinue the provision of any service where it reasonably believes that the user is in breach of these Terms, has provided inaccurate, false or misleading information, is misusing the Platform, or where such action is necessary to comply with applicable law or to protect the integrity, security or operation of the Platform.

3.1 Access to certain features, functionalities or portions of the Platform may require Users to create and maintain a registered account. Where account registration is made available by Thea IT, Users shall complete the registration process using the methods prescribed by Thea IT and provide complete, accurate and up-to-date information. Access to certain features may depend on the User’s role, permissions, or the access mechanism made available through the Platform. The User shall promptly update any information that becomes inaccurate, incomplete or outdated.

3.2 Users may register on the Platform through such authentication methods as may be made available by Thea IT from time to time, including email address, mobile number, single sign-on services, third-party authentication providers, or any other authentication mechanism determined by Thea IT. Certain functionalities may also be accessed through links or other access mechanisms provided through the Platform, including links enabling specific actions or submissions without requiring a separate registered account. Users may also be required to provide additional information to enable access to or use of certain features of the Platform.

3.3 A User shall ensure that all information, documents and declarations submitted to Thea IT remain true, complete, accurate and current at all times. The User shall promptly update any information that becomes inaccurate, incomplete or outdated.

3.4 Registration on the Platform, where applicable, shall not create any automatic right to access, use or continue using the Platform or any feature thereof. Thea IT reserves the right to review any registration, request additional information or documentation, approve or reject a registration, or suspend or terminate access where reasonably necessary in accordance with these Terms, applicable law, or for security, misuse or operational reasons. Thea IT may also impose additional eligibility or verification requirements for specific features or functionalities of the Platform.

3.5 Each User shall be responsible for maintaining the confidentiality and security of their account credentials and for all activities conducted through their account. Users shall immediately notify Thea IT of any unauthorised access, suspected security incident or misuse of their account. Thea IT shall not be liable for any loss or damage arising from a User's failure to safeguard their account credentials.

3.6 Thea IT reserves the right to modify, discontinue, introduce or restrict account registration or authentication requirements at any time, and nothing in these Terms shall be construed as obligating Thea IT to provide account registration or account-based access to the Platform.

4.1 The Platform may permit Users to create, upload, submit, transmit or otherwise make available information, content, materials and data, including business and organisational information, restaurant and menu details, table and chair configurations, order details, kitchen order tickets, billing and payment records, retail product and sales information, stock and inventory records, staff details, role and permission settings, branch information, reports, comments, configurations and other information submitted to or generated through the Platform (collectively, “User Content”). User Content may be provided by Users or generated through their use of the Platform and may contain Personal Data relating to employees, customers, business contacts or other individuals. The processing of such Personal Data shall be governed by the Data Protection and Privacy provisions of these Terms and the applicable Privacy Policy.

4.2 The User represents and warrants that all User Content submitted through the Platform is accurate, lawful, complete and it possesses all necessary rights, permissions, licences and authorisations to provide the User Content to Thea IT and that such User Content does not infringe the intellectual property, privacy or other legal rights of any third party. The User shall remain solely responsible for the accuracy, legality and completeness of all User Content submitted through or in connection with the Platform.

4.3 By submitting User Content through the Platform, the User grants Thea IT a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, access, use, reproduce, modify, process, store and otherwise utilise such User Content solely for the purposes of operating, providing, maintaining, improving, promoting, administering and supporting the Platform and the services made available through it.

4.4 Users shall not upload, publish, transmit or otherwise make available any User Content that is false, misleading, defamatory, obscene, offensive, discriminatory, fraudulent, unlawful, harmful, infringing, or otherwise violates these Terms, the Platform Policies or any applicable law.

4.5 Thea IT reserves the right, at its sole discretion and without prior notice, to review, refuse, remove, suspend, restrict the use of or disable access to any User Content that it reasonably believes violates these Terms, the Platform Policies, applicable law, or may adversely affect the security, integrity, reputation or operation of the Platform.

4.6 Thea IT does not routinely monitor or verify User Content and does not guarantee its accuracy, completeness or reliability. The views, opinions and representations contained in any User Content are solely those of the respective User and shall not be construed as those of Thea IT.

4.7 Where a User believes that any User Content available on the Platform infringes their legal rights or is otherwise objectionable or unlawful, such User may report the same through the grievance or customer support mechanism made available by Thea IT. Thea IT may investigate such reports and take such action as it considers appropriate in accordance with applicable law and its internal policies.

5.1 By accessing, registering on or using the Platform, you acknowledge and agree that Thea IT may collect, process, store, use, disclose and otherwise handle your personal information and other data in accordance with these Terms, the Platform Policies and applicable laws, in its role as a data processor or data fiduciary. Where Thea IT processes personal information on behalf of a subscribing business, such processing shall be carried out in accordance with the applicable arrangements and instructions of that business.

5.2 You acknowledge that the collection and processing of your information is necessary for the operation of the Platform, facilitation of services, customer support, security, fraud prevention, regulatory compliance, registration and verification of Users wherever necessary and such other purposes as more particularly set out in the Privacy Policy.

5.3 You further acknowledge and agree that Thea IT may share your information with its affiliates, authorised service providers, payment partners, technology partners, verification agencies and other third parties, strictly on a need-to-know basis and only to the extent necessary for the operation of the Platform, provision of services, compliance with applicable laws or other purposes described in the Privacy Policy.

5.4 Thea IT may disclose your information where required to do so under applicable law, pursuant to any order, direction or request issued by a court, governmental authority, regulatory body or law enforcement agency, or where such disclosure is necessary for the protection of its legal rights or the rights, safety or security of the Platform or its Users.

5.5 Further details regarding the categories of information collected, the purposes of processing, data retention practices, sharing of information and your rights in relation to your personal information are set out in the Privacy Policy, which forms an integral part of these Terms.

6.1 The Platform enables Users to manage restaurant and retail operations through features including restaurant ordering, table and chair management, takeaway ordering, kitchen order ticket (KOT) management, kitchen display system (KDS) functionalities, menu management, billing and taxation, payment processing, retail point-of-sale operations, stock and inventory management, staff and permission management, multi-branch administration, reporting and analytics, and other related functionalities. The Platform may also provide real-time synchronisation across connected devices, thermal printing, subscription management and application updates, subject to the availability, permissions, configurations and subscription plan applicable to the relevant features.

6.2 Access to and use of the Platform shall be subject to the applicable subscription plan, fees, usage limits and other terms communicated by Thea IT or agreed with the User. Thea IT may modify, update or discontinue Platform features or functionalities, subject to applicable contractual obligations and law.

6.3 The User shall be responsible for the accuracy, legality and appropriateness of the content, information and materials provided to or made available through the Platform. The User shall also ensure that they have the necessary rights, permissions and lawful basis to submit or process any content or Personal Data through the Platform.

6.4 Thea IT may maintain, update and manage the Platform’s technical infrastructure and functionalities to support its operation, security and performance. Thea IT may restrict, suspend or disable access to the Platform where reasonably necessary due to security risks, misuse, technical issues, violation of these Terms or applicable law, subject to applicable contractual obligations and law.

7.1 Payment of Service Fees: Users shall pay the applicable fees for the services provided through the Platform, as agreed by the parties and set out in the relevant quotation, proposal, invoice or other applicable commercial terms. Such fees may vary depending on the nature, scope and requirements of the services. Applicable taxes and other charges, where relevant, shall be payable in addition to the agreed service fees. All payments shall be made through the payment methods and payment gateways made available on the Platform from time to time.

7.2 Changes in Scope and Pricing: Any modification to the scope of services, subscription plan, number of User seats, selected features, usage requirements or other agreed parameters may result in corresponding revisions to the fees, charges, payment milestones or other commercial terms. Thea IT reserves the right to revise pricing and issue updated commercial documentation to reflect such changes. Any revised subscription pricing shall be communicated to Users before it becomes applicable to a renewal or future billing cycle, subject to the applicable subscription terms and law.

7.3 Payment Terms: Users shall make all payments in accordance with the payment schedule, milestones, due dates and payment instructions communicated by Thea IT. Thea IT reserves the right to suspend, delay, withhold or discontinue any project, deliverable, support service or engagement in the event of delayed, incomplete or non-payment.

7.4 Payment Processing: Payments may be made through such payment methods, payment gateways, banking channels or other payment mechanisms as may be made available or designated by Thea IT from time to time. Payment processing services may be provided by independent third-party service providers. Thea IT shall not be responsible for any delay, interruption, processing failure, technical error, unauthorised transaction, banking issue, network failure or other deficiency attributable to any third-party payment service provider.

7.5 Refunds and Payment Reversals: Any refund shall be subject to the terms of the applicable proposal, quotation, statement of work, service agreement, refund policy or other applicable documentation. Where a payment is affected by a failed transaction, payment gateway issue, banking error, duplicate payment or similar payment-processing issue, Thea IT shall only be obligated to process any applicable refund after the relevant amount has been successfully received, settled and credited to Thea IT’s designated account. Refund timelines may be subject to the processing timelines of the relevant banking institution or payment service provider.

7.6 Taxes and Statutory Deductions: All fees, charges and amounts payable to Thea IT shall be subject to applicable taxes, duties and statutory levies. Thea IT may collect, deduct, withhold or remit any taxes or statutory amounts as required under applicable law. Users shall remain responsible for any tax obligations applicable to them in connection with their use of the Platform or engagement with Thea IT.

7.7 Payment Disputes and Adjustments: Any dispute relating to payments, settlements or charges shall be reported through the support channels made available on the Platform. Thea IT reserves the right to withhold, delay, adjust or set off any payment or settlement where reasonably required to investigate suspected fraud, chargebacks, refunds, payment disputes, breaches of these Terms or the Platform Policies, or to comply with applicable law or any direction issued by a competent authority.

8.1 The Platform and the services therein may, from time to time, utilise, integrate with, or utilize the services of independent third-party providers, including without limitation software, tools, platforms, infrastructure, application programming interfaces (APIs), payment gateways, cloud hosting providers, communication service providers, analytics providers, authentication providers, domain name registrars, software libraries, technology vendors and other external service providers (collectively, the “Third-Party Services”) for the purpose of operating, maintaining, supporting, developing, delivering or enhancing the Platform.

8.2 The availability, functionality and performance of any Third-Party Services shall be subject to the terms, conditions, policies and operational practices of the respective third-party provider. Thea IT does not own, manage or control such Third-Party Services and shall not be responsible for their acts, omissions or performance. Users are responsible for reviewing and complying with such applicable terms to the extent they govern the use of the relevant Third-Party Services.

8.3 Thea IT shall not be responsible or liable for any interruption, delay, technical failure, service outage, compatibility issue, security incident, unauthorised access, data loss, change in functionality, pricing modification or discontinuation of any Third-Party Services, except to the extent required under applicable law.

8.4 Thea IT may, at its sole discretion and without prior notice, introduce, replace, modify, suspend, discontinue or remove any Third-Party Services, integrations or dependencies where such action is considered necessary for operational, technical, commercial, security, legal or regulatory reasons.

8.5 References to any third-party products, software, platforms, technologies, services or integrations on the Platform or in any proposal, quotation, project documentation or communication are provided solely for informational or operational purposes and shall not be construed as an endorsement, recommendation, certification or warranty by Thea IT of such third-party providers or their products or services.

9.1 Users shall not access, use or interact with the Platform in any manner that is unlawful, fraudulent, deceptive, harmful, unauthorised or otherwise inconsistent with these Terms, the Platform Policies or applicable law.

9.2 Without limiting the generality of the foregoing, no User shall, directly or indirectly:

1. create or operate any account using false, inaccurate, misleading or incomplete information, impersonate any person or entity, or otherwise misrepresent their identity or authority;
2. use the Platform for any unlawful purpose or in any manner that violates any applicable law, regulation or governmental requirement or that may adversely affect the legal, regulatory, operational, commercial, financial or reputational interests of Thea IT;
3. upload, submit, transmit or otherwise provide any information, content, User Content or other materials that are unlawful, defamatory, obscene, offensive, infringing, fraudulent, misleading or otherwise violative of the rights of any person;
4. access, interfere with or attempt to gain unauthorised access to any account, system, server, network, database, information or technological resource associated with the Platform;
5. copy, reproduce, scrape, crawl, harvest, extract, download, index, monitor or otherwise collect any content, data or information from the Platform through automated means or otherwise beyond the ordinary permitted use of the Platform;
6. reverse engineer, decompile, disassemble, modify, adapt or otherwise attempt to derive the source code, underlying structure, algorithms or technical architecture of the Platform;
7. introduce, upload, transmit or deploy any virus, malware, ransomware, spyware, malicious code, bot, automated script or other technology intended to disrupt, damage, monitor, interfere with or compromise the Platform or any related systems;
8. interfere with, disrupt, overload, impair or adversely affect the operation, security, integrity, performance or availability of the Platform or any systems, networks or infrastructure connected thereto;
9. use the Platform to send unsolicited communications, spam, promotional materials or other unauthorised communications;
10. infringe, misappropriate or otherwise violate the intellectual property, proprietary, privacy, confidentiality or other legal rights of Thea IT or any third party;
11. use the Platform in any manner that may damage, dilute or adversely affect the reputation, goodwill, security, operations or legitimate business interests of Thea IT; or
12. engage in any activity that Thea IT reasonably determines to be inconsistent with the intended purpose, security, lawful operation or integrity of the Platform.

9.3 Thea IT reserves the right to investigate any actual or suspected violation of this Clause and may, without prejudice to any other rights or remedies available under these Terms or applicable law, restrict, suspend or terminate access to the Platform, remove any offending content or materials, report the matter to the appropriate authorities, or take such other action as it reasonably considers necessary to protect the Platform, its users and its legitimate interests.

9.4 Users acknowledge and agree that any misuse of the Platform may result in civil, contractual, regulatory or criminal liability under applicable law.

Our collection, use, storage, processing and disclosure of personal data is governed by our Privacy Policy, which forms an integral part of these Terms and is available at [Privacy Policy Link]. By accessing or using the Platform, communicating with Thea IT, or availing any offerings through the Platform, you acknowledge that your personal data may be collected, processed and used in accordance with the Privacy Policy. Where you provide Thea IT with any information, content, materials, data or personal information relating to any third party, you represent and warrant that you have obtained all necessary rights, permissions, notices and consents required under applicable law to share such information with Thea IT and to permit its use for the purposes contemplated under these Terms and the Privacy Policy. Thea IT shall not be responsible for any failure by a User to comply with applicable privacy, data protection or third-party consent requirements.

Thea IT does not proactively monitor, review, or inspect User Content, information, data, content or other materials provided, uploaded, transmitted, shared or otherwise made available by Users through or in connection with the Platform, except as necessary to operate and maintain the Platform and related offerings, facilitate communications, perform requested engagements, ensure the security, integrity and functionality of the Platform, comply with applicable law, or as otherwise described in the Privacy Policy. However, where required by applicable law, a valid governmental request, regulatory direction, law enforcement request, court order or other lawful process, Thea IT may:

1. Review or access User Content, account information (where applicable), communications, project-related information, technical information, usage logs, metadata or other information to the extent reasonably necessary to comply with such request or legal obligation;
2. Preserve, disclose, provide access to, or share aforementioned information with competent authorities as required by applicable law or lawful process;
3. Restrict, suspend or terminate access to the Platform, any part thereof, or any engagement, project, offering or related services where Thea IT reasonably believes that such action is necessary to comply with applicable law, protect the rights, property, safety or security of any person, or prevent misuse of the Platform; and
4. Request additional information, confirmations, or cooperation from users in connection with any investigation, legal request, regulatory inquiry, or compliance review.

Nothing in this Clause obligates Thea IT to actively monitor User Content or undertake any general obligation to monitor user activity.

12.1 The Platform, including its design, layout, software, source code, object code, databases, graphics, logos, trademarks, trade names, service marks, domain names, text, images, audio, video, documentation, features, functionalities and all other content and materials made available through the Platform (collectively, the “Platform Content”), are owned by or licensed to Thea IT and are protected under applicable intellectual property and proprietary rights laws.

12.2 Subject to compliance with these Terms, Thea IT grants Users a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform solely for its intended purpose. No rights, title or interest in the Platform or the Platform Content are transferred or assigned to any User by virtue of accessing or using the Platform.

12.3 Except as expressly permitted under these Terms or with the prior written consent of Thea IT, no User shall copy, reproduce, modify, adapt, distribute, publish, transmit, display, reverse engineer, decompile, create derivative works from, commercially exploit or otherwise use any part of the Platform or the Platform Content for any purpose.

12.4 The name “QCHEF”, “Thea IT”, its logos, branding elements, trade dress, domain names and all associated trademarks, service marks and other brand identifiers, whether registered or unregistered, are the exclusive property of Thea IT or its licensors. Nothing contained in these Terms shall be construed as granting any licence or right to use any such intellectual property without the prior written consent of Thea IT.

12.5 Notwithstanding anything contained herein, Thea IT shall retain ownership of all pre-existing materials, tools, frameworks, methodologies, templates, libraries, utilities, know-how, processes, concepts, technologies, code repositories and other intellectual property owned, developed or used by Thea IT independently of a specific project (“Retained Materials”). To the extent any Retained Materials are incorporated into the Deliverables, Thea IT grants the User a perpetual, non-exclusive, royalty-free licence to use such Retained Materials solely as incorporated into and necessary for the use of the Deliverables.

12.6 Deliverables may incorporate third-party software, assets, content, tools, plugins, themes, fonts, stock photographs, icon packs, APIs, open-source components, hosting environments, content management systems, e-commerce platforms or other third-party materials (“Licensed Assets”). Such Licensed Assets shall remain subject to the applicable third-party licence terms and conditions and are not assigned to the User under these Terms. The User shall receive only such rights as are permitted under the applicable third-party licence and shall be responsible for any ongoing subscription fees, licence fees, renewals or compliance obligations associated with such Licensed Assets, unless otherwise agreed in writing by Thea IT.

12.7 Any feedback, suggestions, recommendations, ideas or other inputs voluntarily provided by a User regarding the Platform or any offerings may be used by Thea IT for improving, developing or enhancing its products, services, technologies or operations without restriction or any obligation to compensate the User, provided that such use does not violate applicable law.

12.8 Any unauthorised use of the Platform, Platform Content or other intellectual property belonging to Thea IT may constitute an infringement of Thea IT's intellectual property and proprietary rights and may result in suspension or termination of access to the Platform, in addition to any other remedies available under applicable law.

13.1 The User agrees to defend, indemnify and hold harmless Thea IT, its affiliates, directors, officers, employees, consultants, contractors, representatives, agents, licensors, service providers and successors (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, damages, claims, demands, actions, proceedings, penalties, fines, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:

1. the User's access to, use of, or reliance upon the Platform or any offerings made available through it;
2. any breach of these Terms, the Platform Policies or any applicable law by the User;
3. any inaccurate, false, misleading or incomplete information, representation or document submitted by the User;
4. any misuse of the Platform, negligence, wilful misconduct, fraud, omission or unlawful act committed by the User;
5. any infringement or alleged infringement of the intellectual property, privacy, confidentiality or other legal rights of any person by the User;
6. any claim brought by a third party arising directly or indirectly from the User’s acts, omissions or use of the Platform;
7. any violation of applicable data protection, privacy, intellectual property, advertising, consumer protection or other applicable laws by the User; or
8. any taxes, statutory dues, penalties or other liabilities arising from the User’s activities or transactions through the Platform.

13.2 The indemnification obligations under this Clause shall apply irrespective of whether the relevant claim is made by another User, a governmental or regulatory authority, a third-party service provider or any other person and shall survive the suspension, deactivation or termination of the User's account and these Terms.

13.3 Thea IT reserves the right, at its own cost, to assume the exclusive defence and control of any matter that is subject to indemnification under this Clause. The User shall provide all reasonable assistance, information and cooperation requested by Thea IT in connection with the defence, settlement or resolution of such matter.

13.4 Nothing in this Clause shall require the User to indemnify any Indemnified Party to the extent that the relevant claim, loss or liability arises solely from the gross negligence, wilful misconduct or fraud of such Indemnified Party, to the extent such exclusion is permitted under applicable law.

14.1 The Platform and all content, information, materials, features, functionalities, offerings and services made available through it are provided on an “as is”, “as available” and “with all faults” basis, without any representation, warranty or guarantee of any kind, whether express, implied or statutory, except to the extent such warranties cannot be excluded under applicable law.

14.2 To the maximum extent permitted under applicable law, Thea IT expressly disclaims all warranties, representations and conditions, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, non-infringement, accuracy, completeness, reliability, availability, compatibility, security or uninterrupted operation.

14.3 Thea IT does not warrant or guarantee that:

1. the Platform will operate without interruption, delay, downtime, defect or error;
2. any defect, bug, vulnerability or error will be identified, corrected or resolved within any particular timeframe;
3. the Platform will always be available, secure, compatible or accessible through any particular device, operating system, browser, network or third-party service;
4. any information, content, materials or communications made available through the Platform will be accurate, complete, current, reliable or error-free; or
5. the Platform or any offerings made available through it will meet every User's expectations, requirements or intended outcomes.

14.4 Any information, content, insights, recommendations, opinions, project estimates, timelines, quotations, proposals, technical guidance, consultations or other materials provided through the Platform are made available for general informational purposes only and shall not be construed as professional, legal, financial, tax, business or other regulated advice. Users shall independently evaluate and verify the suitability of any such information for their specific requirements.

14.5 Thea IT does not warrant, endorse or guarantee the accuracy, completeness, legality, reliability or suitability of any information, content, User Content or other materials provided by Users, third parties or external service providers, and any reliance thereon shall be at the User's sole risk.

14.6 The availability and performance of the Platform may be affected by maintenance activities, software updates, internet or network failures, hosting or cloud service interruptions, cyber incidents, third-party service failures or other circumstances beyond Thea IT's reasonable control. Thea IT shall not be responsible for any interruption, delay, degradation or temporary unavailability arising from such circumstances.

14.7 Users acknowledge that projects, software, applications, websites, integrations, digital solutions and other deliverables may depend upon third-party services, platforms, software, infrastructure, APIs, hosting providers or Licensed Assets. Thea IT does not warrant the continued availability, performance, security, functionality or compatibility of any such third-party products or services.

14.8 Nothing contained in these Terms shall exclude or limit any liability, warranty or statutory right that cannot lawfully be excluded or limited under applicable law.

15.1 Thea IT may, at its sole discretion and without prejudice to any other rights or remedies available under these Terms or applicable law, temporarily suspend, restrict or terminate a User's access to the Platform, in whole or in part, with or without prior notice, where such action is reasonably necessary for operational, technical, security, commercial, legal or regulatory reasons.

15.2 Without limiting the generality of the foregoing, Thea IT may suspend, restrict or terminate a User's access to the Platform where the User is found to be using the Platform in contravention of Clause 9 (Prohibited Activities and Platform Misuse) of these Terms.

15.3 Upon the suspension, restriction or termination of access to the Platform by Thea IT, the User shall immediately cease accessing and using the Platform and shall comply with any directions issued by Thea IT in connection with such suspension, restriction or termination.

15.4 Suspension or termination of access to the Platform shall not affect any rights, obligations, liabilities or remedies accrued prior to the effective date of such suspension or termination. Thea IT may retain information, records and documentation as required under applicable law, for legitimate business purposes, or in accordance with its Privacy Policy and record-retention practices.

15.5 Upon suspension or termination, Thea IT may disable or restrict access to the Platform, remove or deactivate any account (where applicable), suspend ongoing access to Platform features, and take such other actions as may be reasonably necessary to protect the Platform, its users and its legitimate business interests.

15.6 Any provisions of these Terms which by their nature are intended to survive suspension or termination, including provisions relating to intellectual property, payments, confidentiality, disclaimers, limitation of liability, indemnity, dispute resolution and accrued rights or obligations, shall continue in full force and effect notwithstanding such suspension or termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEA IT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OPPORTUNITY, ANTICIPATED SAVINGS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THE SERVICES, ANY DELIVERABLES, OR THE USER'S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, INCLUDING ANY LIABILITY ARISING FROM THE USER'S BREACH OF THESE TERMS OR USE OF THE PLATFORM IN CONTRAVENTION OF CLAUSE 9 (PROHIBITED ACTIVITIES AND PLATFORM MISUSE).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD OR WILFUL MISCONDUCT.

Thea IT may update these Terms from time to time to reflect changes in the Platform, our practices, or applicable law. We may notify Users of any material changes to these Terms through the Platform, by email (where provided), or through such other communication channels as Thea IT may deem appropriate. The date on which these Terms were last updated shall be indicated at the top of this document as “Last Updated”. Your continued access to or use of the Platform following the publication or notification of any changes to these Terms shall constitute your acceptance of the revised Terms.

18.1 Governing Law: These Terms, the Platform Policies and all rights, obligations and transactions arising out of or in connection with the access to or use of the Platform shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

18.2 Amicable Resolution: In the event of any dispute, controversy, claim or difference arising out of or relating to these Terms, the Platform, the Platform Policies or the rights and obligations of the parties (collectively, a “Dispute”), the parties shall endeavour to resolve such Dispute through good faith discussions and mutual negotiations within a period of 30 (Thirty) days from the date on which one party notifies the other of the existence of such Dispute.

18.3 Arbitration: If the Dispute is not resolved in accordance with Clause 18.2 within the prescribed period, the Dispute shall be finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

18.4 Constitution of Tribunal: The arbitration shall be conducted by a sole arbitrator appointed by Thea IT. The seat and venue of arbitration shall be [●]. The arbitration proceedings shall be conducted in the English language.

18.5 Finality of Award: The arbitral award shall be final and binding upon the parties and may be enforced by any court of competent jurisdiction in accordance with applicable law.

18.6 Jurisdiction: Subject to the arbitration provisions contained herein, the courts having jurisdiction at [●] shall have exclusive jurisdiction in respect of any matter arising out of or relating to these Terms, including applications for interim, conservatory or other relief, enforcement or challenge of an arbitral award, or any matter which is not capable of being referred to arbitration under applicable law.

18.7 Continued Performance: Unless otherwise directed by Thea IT or required under applicable law, the parties shall continue to perform their respective obligations under these Terms during the pendency of any Dispute, to the extent reasonably practicable.

19.1 Entire Agreement: These Terms, together with the Privacy Policy and any applicable proposal, quotation, statement of work, service agreement, invoice, purchase order or other commercial documentation agreed between the User and Thea IT, constitute the entire agreement between the User and Thea IT in relation to the Platform and any services, offerings or engagements undertaken thereunder.

19.2 Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.3 No Waiver: The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

19.4 Assignment: You may not assign or transfer your rights under these Terms without Thea IT’s prior written consent; Thea IT may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure: Thea IT shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control.

19.6 Survival: The expiration, termination, suspension, or discontinuation of your access to or use of the Platform shall not affect any rights, obligations, liabilities, or remedies that have accrued prior to such event. Without limiting the foregoing, the provisions of Clauses 12 (Intellectual Property), 14 (Disclaimer and Warranties), 16 (Limitation of Liability), 13 (Indemnity), and 18 (Governing Law and Dispute Resolution) shall survive any expiration, termination, suspension, or discontinuation of these Terms and shall continue in full force and effect for so long as necessary to give effect to their purpose.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT:

1. You are solely responsible for all information, content, User Content, data, instructions, specifications and other materials provided, uploaded, transmitted, shared or otherwise made available by you through or in connection with the Platform;
2. You are responsible for ensuring that your use of the Platform and any materials provided by you comply with all applicable laws, regulations and third-party rights, including those relating to intellectual property, privacy, confidentiality, data protection and advertising;
3. Thea IT neither authorises nor encourages any unlawful, fraudulent, infringing, misleading or otherwise improper use of the Platform; and
4. Any misuse of the Platform, or any breach of these Terms or applicable law arising from your actions, omissions, content or instructions, shall be solely attributable to you.

If you have questions about these Terms, wish to report suspected misuse of the Platform, or wish to exercise any rights described in the Privacy Policy, please contact us at:

Thea IT Solutions Pvt. Ltd.

Email: info@qchef.net

Website: https://www.qchef.net

Phone: +91 9048599118

Grievance Officer: [Name, Email, Address]