TERMS & CONDITIONS

Introduction

This website and all related webpages, platforms, and digital interfaces linked herein (collectively, the “Site”) provide information about the hospitality, dining, and related services offered by Aspect Hospitality including but not limited to its restaurants, culinary ventures, managed properties, and associated experiences (hereinafter collectively referred to as “AHIPL”).

The Site may also feature information on food and beverage offerings, reservations, events, collaborations, and other hospitality-related services made available by AHIPL, either directly or through its affiliates, partners, service providers, or third-party vendors (collectively, the “Services”).

The Site and its various modules are owned, operated, and managed by AHIPL and/or its authorized service providers and partners. The terms and conditions set out below (the “Conditions”) govern your access to and use of the Site, including all content, information, features, and services made available through it.

By accessing, browsing, using, or otherwise interacting with this Site, including but not limited to viewing, transmitting, caching, or storing any part of the Site or its content, you acknowledge that you have read, understood, and agreed to be bound by these Conditions without modification. You further agree to comply with all applicable laws and regulations in connection with your use of the Site.

If you do not agree to these Conditions, you must immediately cease using the Site. These Conditions shall be read in conjunction with any other applicable terms, policies, or guidelines governing specific sections, services, or functionalities of the Site.

1. Site

1. The Site provides information relating to the restaurants, culinary concepts, hospitality ventures, and other experiences owned, operated, managed, or curated by AHIPL. The Site may include details of menus, offerings, locations, events, collaborations, and other related services available at or through such Properties.
2. In addition, the Site may enable users to make reservations, inquiries, promotions or bookings in relation to dining experiences, events, or other services offered by AHIPL, either directly or through its authorized partners or third-party service providers.

2. Trademarks

1. The Site contains the name, trade names, service marks, logos, brand identifiers, designs, and other distinctive elements associated with AHIPL,including but not limited to its restaurant brands, culinary concepts such as Opa Kipos, Brunch & Cake, House of Akina, Akina, Maison, Radio Bar, NOM NOM, Silver Beach Cafe, Tuya's by Copa, The Coconut Boy, and The South Table (collectively, the “AHIPL Intellectual Property”). Such intellectual property is either owned by or licensed to AHIPL and is used to distinguish its services. AHIPL Intellectual Property is protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used in any manner whatsoever, on any material whether tangible or intangible, without the express prior written permission and consent of AHIPL. Without limitation, you must not use any of the said trade or service marks, either alone or in conjunction or combination or variation with other trade and service marks, logos and devices:
   1. In or as the whole or part of your own trade marks;
   2. In connection with activities, products or services which are not undertaken or provided by AHIPL;
   3. In a manner which may be confusing, misleading or deceptive; or
   4. In a manner that disparages AHIPL or its information, products or services (including the Site.) Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the trademarks without the written permission of AHIPL or such other party that may own the trademarks.

3. Copyright

1. The Site, including all its modules, is the copyrighted property of AHIPL and/or its licensors and partners. All content on the Site, including text, images, graphics, videos, audio, designs, menus, and software (“Information”), is owned by or licensed to AHIPL.
2. Except as expressly permitted, no Information may be copied, reproduced, modified, distributed, or used in any manner without prior written consent of AHIPL. Access to the Site does not grant any ownership or usage rights.
3. You shall not create derivative works from, or commercially exploit, any part of the Site without prior approval. Certain content may belong to third parties and is subject to their rights.
4. Unauthorized use may violate applicable intellectual property laws. All proprietary notices must be retained, and use of content on other websites or networked platforms is prohibited.
5. Framing, embedding, or creating misleading hyperlinks to the Site is not permitted without prior written approval. For permissions, please contact AHIPL at ___________________________.

4. Permitted Use

1. The Site is intended for your personal, non-commercial use, including (i) accessing information relating to AHIPL’s restaurants, hospitality concepts, and offerings, and (ii) making reservations, enquiries, or bookings for dining experiences, events, or related services. Use of the Site is permitted only to individuals who are at least 18 (eighteen) years of age and capable of entering into legally binding contracts.
2. AHIPL does not promote or encourage the consumption of alcohol. Any sale, service, or consumption of alcoholic beverages shall be strictly in compliance with applicable laws, rules, and regulations of the relevant state authorities. Users are required to ensure that they meet the legal drinking age and comply with all applicable laws in this regard. AHIPL shall not be responsible for any misuse or unlawful consumption of alcohol.
3. You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your account. AHIPL shall not be liable for any unauthorized use of your account.
4. Access to the Site and its content (“Information”) constitutes a limited, non-transferable, non-exclusive license and not a transfer of ownership. Accordingly:
   1. The Information shall not be used for any commercial purpose, public display, sale, or exploitation;
   2. No proprietary notices shall be removed or altered;
   3. The Information shall not be transferred, sublicensed, or distributed to any third party;
   4. The Site and its software shall not be interfered with, reverse-engineered, or misused;
   5. You shall use the Information solely for lawful purposes and in accordance with these Conditions.
5. You agree not to use any automated tools, including robots, spiders, scrapers, or similar mechanisms, to access, monitor, or copy any part of the Site without prior written consent of AHIPL, except for standard search engine indexing.
6. You are expressly prohibited from using any content, data, materials, or associated metadata from the Site for any artificial intelligence or machine learning purposes, including but not limited to training models, generating datasets, or developing AI tools, without prior written authorization. AHIPL reserves all rights in relation to such use, including the right to grant licenses at its sole discretion.

5. Liability Disclaimer & Exclusion

1. To the fullest extent permitted by applicable law, AHIPL shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage, whether arising in contract, tort (including negligence), or otherwise, in connection with or arising out of:
   1. Your use of, or inability to use, the Site or any linked websites; or
   2. Your reliance on any content, information, or materials available on or through the Site, including any third-party content, including, without limitation, loss of profits, loss of business opportunity, business interruption, or loss of data.
2. Nothing in these Conditions excludes or limits liability where such exclusion is not permitted under applicable law. However, to the maximum extent permitted, all implied warranties, terms, and conditions are excluded.
3. Where any warranty, term, or condition is implied by law and cannot be excluded, AHIPL’s liability shall, to the extent permitted by law, be limited to:
   1. In the case of services: re-performance of the services or payment of the cost of having the services re-performed; and
   2. In the case of goods: repair, replacement, or supply of equivalent goods, or payment of the cost of such repair or replacement.
4. This limitation applies regardless of the basis of liability, including contract, tort, negligence, or otherwise, even if AHIPL has been advised of the possibility of such damage.
5. If you are dissatisfied with the Site or any services offered through it, your sole and exclusive remedy is to discontinue use of the Site.

6. Indemnification

1. You agree to indemnify, defend, and hold harmless AHIPL, its affiliates, officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, or expenses (including legal fees) arising out of or in connection with (i) your breach of these Conditions, (ii) your misuse of the Site, or (iii) your violation of any applicable law or third-party rights.
2. AHIPL’s failure to act in respect of any breach shall not constitute a waiver of its rights in respect of any subsequent or similar breaches.

7. Communications

1. Any feedback, suggestions, ideas, or other communications submitted by you through the Site (“Communications”) shall be deemed non-confidential. AHIPL shall have no obligation to maintain confidentiality in respect of such Communications and shall be free to use, reproduce, disclose, and distribute them for any purpose, including the development and marketing of its services, without any obligation or compensation to you.
2. By expressly opting in, you agree and consent to receive promotional and marketing communications from Aspect Global Private Limited through RCS, SMS, and email on your registered mobile number and/or email address, including communications relating to its brands, products, services, offers, events, and experiences. You further consent to the collection, use, processing, and sharing of the information provided by you with Aspect Global Private Limited, its affiliates, service providers, and authorised partners, for the purposes of sending such communications and providing information relating to its brands, products, services, offers, events, and experiences, in accordance with the applicable Privacy Policy and law.

8. General

1. AHIPL shall not be liable for any failure to perform its obligations under these Conditions where such failure results from events beyond its reasonable control.
2. If AHIPL waives any rights under these Conditions on one occasion, such waiver shall not operate as a waiver of those rights on any other occasion.
3. If any provision of these Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
4. You shall be responsible for all charges, fees, taxes, and duties arising out of your use of the Site.

9. Privacy

AHIPL respects your privacy. Your use of the Site is subject to AHIPL’s Privacy Policy available on the Site. By using the Site, you consent to the collection and processing of your personal information in accordance with such Privacy Policy.

10. Governing Law

These Conditions shall be governed by and construed in accordance with the laws of India.

11. Dispute Resolution and Arbitration

Any dispute arising out of or in connection with these Conditions shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Mumbai, India, and the proceedings shall be conducted in English. The arbitral award shall be final and binding on the parties.

12. Jurisdiction

Subject to the arbitration provisions above, the courts at Mumbai, India shall have exclusive jurisdiction.

13. Acceptance of Conditions

By continuing to access or use the Site, you acknowledge that you have read, understood, and agreed to be bound by these Conditions.