Terms & Conditions
Terms & Conditions for Restaurant Partners
Welcome to Futzy!
These Terms & Conditions (“Terms”) outline the agreement between Futzy (referred to as “Futzy,” “we,” “us,” or “our”), a proprietorship firm located at 4 Bhukailash Road, Kolkata, and you, the restaurant, Bar, Café and Party Halls and customized & Packaged Ceremonial places (“The Restaurant,” “you,” or “your”) wishing to list your event spaces on our platform.
By checking the box and proceeding to use Futzy’s services, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms form a binding agreement between you and Futzy.
1. About Futzy and Our Services
A. Futzy’s Platform: Futzy operates an innovative online platform (the “Platform”) accessible via our website at [Website Address]. Our Platform serves as a listing and promotional tool specifically designed for event spaces within restaurants located in Kolkata, West Bengal.
B. Your Specialization: As a Restaurant Partner, you specialize in offering your premises and services for a range of small to medium-sized events (e.g., birthday parties, ring ceremonies, baby showers, engagement ceremonies, office parties, etc.), typically catering to groups of around 20 to 100 guests, complete with customizable food and drink packages.
C. Our Collaboration: Our goal is to promote your event spaces on our Platform and send you potential customers (“Referred Customers”) who are looking to book events. This collaboration is designed for our mutual business benefit.
When you partner with Futzy, we agree to provide the following services to you:
a. Listing and Promotion: We will prominently list and promote your designated Event Spaces on our Platform, highlighting their unique features, amenities, and typical event capacities to a wide audience.
b. Content Display: We will display high-quality photographs, detailed descriptions, and Event Package details (including pricing structures) of your Event Spaces, based on the information you provide, to attract potential customers.
c. Lead Generation: We will actively work to generate and direct inquiries and leads from potential customers interested in booking event spaces directly to your Restaurant.
d. Platform Maintenance: We are responsible for the technical maintenance, operation, and general functioning of the Platform to ensure a smooth user experience.
2. Your Responsibilities as a Restaurant Partner
As a Restaurant Partner, you agree to the following important duties:
a. Accurate and Up-to-Date Information: You must provide Futzy with complete, accurate, and up-to-date information. This includes high-resolution photos, detailed descriptions of your Event Spaces, precise Event Package specifics, clear pricing (including any seasonal variations, special offers, or hidden charges), and real-time availability of your Event Spaces. You are solely responsible for ensuring the accuracy, truthfulness, and legality of all content and information you provide to Futzy.
b. Prompt Responsiveness: You commit to responding promptly, professionally, and courteously to all inquiries, booking requests, and communications received from Referred Customers through the Platform. Timely responses are crucial for converting leads.
c. High Service Quality: You must maintain the highest standards of quality, hygiene, and service for all events and services provided to customers, especially those who are Referred Customers. Your reputation directly impacts our mutual success.
d. Legal Compliance: You confirm and guarantee that your Restaurant possesses all necessary licenses, permits, registrations, and approvals from all relevant local, state, and central authorities (e.g., FSSAI licenses, municipal licenses, fire safety certificates, etc.) required to legally operate your restaurant business and host events. You also agree to remain compliant with all applicable laws and regulations throughout the duration of our partnership.
e. Reporting of Bookings : You must establish a clear and reliable process to identify and track all customers who were referred by Futzy. You must immediately notify Futzy of any confirmed booking made by a Referred Customer. This notification should include all necessary details: the customer’s name, contact information, event date, event type, and the full Commissionable Revenue (as defined below). This notification must be made on the same day the booking is confirmed with the customer.
f. No Circumvention: For any customer who is identified as a Referred Customer, you agree not to directly or indirectly attempt to bypass Futzy or this Agreement to avoid paying the agreed commission. This means you won’t redirect the customer to alternative booking channels or renegotiate terms outside the scope of what was promoted on our Platform, with the intent of avoiding commission payment.
3. Commission and Payment Terms
a. Commission Rate: For every confirmed Event Space booking by a Referred Customer, you agree to pay Futzy a commission equal to 5% (Five Percent) of the Commissionable Revenue.
b. What is Commissionable Revenue? This means the total confirmed cost of the Event Package (including venue, food, and drinks, and any other services provided by you for that specific event), excluding any applicable taxes like GST.
c. Invoicing: Futzy will generate and send an invoice to your Restaurant for the commission due for each confirmed booking originating from our Platform. These invoices will be generated [e.g., weekly / bi-weekly / monthly] based on the confirmed bookings you report to us.
d. Payment Due Date: You agree to pay the full invoiced commission amount to Futzy within 7 (seven) business days from the date you receive Futzy’s invoice, or within 3 (three) days after the actual event date, whichever occurs first.
e. Late Payments: Any commission amount not paid by the due date will automatically accrue a simple interest charge of 18% (eighteen percent) per annum on the overdue amount. This interest will be calculated from the original due date until the date we receive full payment.
4. User Reviews and Photos
Our Platform encourages transparency and user interaction.
a. User Generated Content: The Futzy Platform allows its users to upload and display User Content, including photographs and reviews of restaurants and event spaces they have visited. By partnering with us, you acknowledge and agree that Futzy is simply providing a neutral platform for users to share their genuine experiences and opinions.
b. No Responsibility for User Content: Futzy does not endorse, verify, or guarantee the accuracy, truthfulness, or completeness of any User Content (including reviews or photos posted by users). Futzy shall not be held responsible or liable for any User Content, including any negative reviews or inaccurate photos posted by users. You understand that user reviews are subjective and reflect individual opinions.
c. Futzy’s Moderation Rights: Futzy reserves the right, at its sole discretion, to monitor, edit, or remove any User Content that it deems unlawful, offensive, defamatory, harassing, infringing on intellectual property rights, or otherwise in violation of the Platform’s terms of service or any applicable law.
5. Intellectual Property Rights
a. Futzy’s Ownership: All intellectual property rights related to the Futzy Platform, including copyrights, trademarks, domain names, website design, underlying software, databases, and proprietary algorithms (“Futzy IP”), are and will remain the exclusive property of Futzy. This Agreement does not transfer any ownership rights in Futzy IP to your Restaurant.
b. Your Content: You grant Futzy a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute the information, photos, and any other content you provide to us, solely for the purpose of promoting your Event Spaces on the Platform. You guarantee that you have all necessary rights and permissions to grant us this license and that the content you provide does not infringe on anyone else’s intellectual property or other rights.
6. Confidentiality and Data Protection
a. Defining Confidential Information:
“Confidential Information” refers to any non-public information shared by one Party (the “Disclosing Party”) with the other Party (the “Receiving Party”), whether it’s written, oral, electronic, or visual. This includes, but is not limited to:
From Futzy’s side (information about our platform and business):
Our proprietary software, algorithms, source code, and technical specifications of the Platform.
Our business plans, marketing strategies, unreleased features, new services, and business development plans.
Financial information related to Futzy’s operations, revenue models (beyond the commission rate specific to your contract), and performance data.
Non-public user data (even if aggregated or anonymized) or insights derived from user behavior on the Platform.
Details of our internal processes, operational procedures, and customer acquisition strategies.
Confidential Information does not include information that:
i. Is already publicly known or becomes public without any fault of the Receiving Party.
ii. Was already known to the Receiving Party before receiving it from the Disclosing Party, without any obligation of confidentiality.
iii. Is independently developed by the Receiving Party without using the Disclosing Party’s Confidential Information.
iv. Is rightfully received by the Receiving Party from a third party without any confidentiality obligations.
v. Is required to be disclosed by law or by a valid order of a court or government authority, provided the Receiving Party gives the Disclosing Party prompt notice (if legally permissible) so the Disclosing Party can seek a protective order.
c. Obligations for Protection:
The Receiving Party (you, regarding Futzy’s information, and Futzy, regarding your information) agrees to:
i. Strictly Maintain Confidentiality: Keep all Confidential Information strictly confidential.
ii. Limited Use: Use the Confidential Information only for the purpose of fulfilling your obligations or exercising your rights under these Terms and for the successful collaboration between the Parties.
iii. Protection Measures: Protect the Confidential Information with the same level of care that it uses to protect its own similar confidential information, but in no event less than a reasonable standard of care.
iv. Limited Access: Limit access to Confidential Information only to its employees, agents, or contractors who have a legitimate “need to know” such information to perform their duties related to this Agreement, and who are bound by confidentiality obligations at least as protective as those in this Agreement.
d. Consequences of Breach:
You acknowledge that any unauthorized disclosure or use of Futzy’s Confidential Information would cause irreparable harm to Futzy, for which monetary damages alone may not be a sufficient remedy. Therefore, in the event of any actual or threatened breach of this Confidentiality section, Futzy shall be entitled to seek immediate injunctive relief in addition to any other legal or equitable remedies available. A breach of this section by The Restaurant will be considered a material breach of these Terms, allowing Futzy to immediately terminate this Agreement.
e. Survival:
The obligations of confidentiality outlined in this Clause 6 shall survive the termination or expiration of this Agreement for a period of five (5) years for general Confidential Information, and indefinitely for Futzy’s trade secrets and proprietary Platform technology.
7. Indemnification
a. By The Restaurant: You agree to protect, defend, and hold Futzy, its Proprietress, employees, and agents harmless from any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) that arise from:
i. Any breach by your Restaurant of your obligations, promises, or guarantees under these Terms.
ii. Any claim made by a third party (including a customer) related to the services you provide, the quality of your food/drinks, the safety of your premises, or your Restaurant’s failure to comply with any laws, licenses, or permits.
iii. Any claim that the content or information you provide to Futzy infringes on someone else’s intellectual property or other rights.
b. By Futzy: Futzy agrees to protect, defend, and hold your Restaurant, its affiliates, directors, employees, and agents harmless from any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) that arise solely from a serious breach by Futzy of its obligations, promises, or guarantees under these Terms.
8. Representations and Warranties
Both parties confirm they are legally able to enter into this agreement.
Each Party (Futzy and The Restaurant) confirms and guarantees to the other Party that:
a. It has the full legal power, authority, and capacity to enter into and perform its obligations under these Terms.
b. Entering into and performing these Terms will not violate any other agreement it is a party to, or any applicable law, rule, or regulation.
9. Term and Termination
a. Initial Term: This Agreement begins on the date you accept these Terms and will continue for an initial period of 11 (eleven) months.
b. Automatic Renewal: After the initial 11-month period, this Agreement will automatically renew for successive periods of 11 (eleven) months, unless either Party gives a written notice of non-renewal to the other Party at least 30 (thirty) days before the end of the current term.
c. Immediate Termination for Cause: Either Party can end this Agreement immediately by giving written notice to the other Party if the other Party seriously breaches any of its important terms (e.g., your Restaurant consistently fails to pay commission, or Futzy has a prolonged inability to maintain the Platform).
d. Effect of Termination:
i. Upon termination, your Restaurant’s listing on the Platform will be removed.
ii. Termination of this Agreement will not remove your obligation to pay any commissions or other amounts that became due to Futzy before the date the termination became effective.
iii. Certain clauses will continue to be binding even after termination, including those related to User Reviews and Photos (Clause 4), Intellectual Property Rights (Clause 5), Confidentiality (Clause 6), Indemnification (Clause 7), Effect of Termination (Clause 9d), and Governing Law and Dispute Resolution (Clause 12).
10. Relationship of Parties
This clarifies that we are independent businesses, not partners or employer/employee.
You and Futzy agree that you are independent contractors. This Agreement does not create any partnership, joint venture, employment, or agency relationship between us. Neither party has the authority to bind the other party or make promises on its behalf.
11. Force Majeure
This covers situations beyond anyone’s control.
Neither Party will be held responsible for any delay or failure in performing its duties under this Agreement due to causes completely beyond its reasonable control. This includes, but is not limited to, natural disasters, war, terrorism, riots, embargos, actions by government authorities, fires, floods, accidents, or widespread diseases (epidemics/pandemics). The Party affected by such an event must promptly notify the other Party.
12. Governing Law and Dispute Resolution
This section explains how any disagreements will be handled.
a. Governing Law: This Agreement will be governed by and interpreted according to the laws of India.
b. Amicable Resolution: Any disputes arising from or related to this Agreement will first be attempted to be resolved amicably through good faith discussions between the Parties.
c. Arbitration: If a dispute cannot be resolved amicably within 30 days, it shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a single arbitrator agreed upon by both Parties. If we can’t agree on an arbitrator, one will be appointed as per the Act.
d. Arbitration Details: The arbitration will take place in Kolkata, West Bengal, and the language of the arbitration proceedings will be English. The arbitrator’s decision will be final and binding on both Parties.
e. Court Jurisdiction: Subject to the arbitration clause above, the Courts in Kolkata, West Bengal, will have exclusive jurisdiction over any matters arising from this Agreement.
By checking the box below, you agree that you have read and understood all the terms and conditions outlined above. You agree to all the points in these documents willingly and are ready to proceed to use Futzy's services.
USER TERMS & CONDITIONS
Welcome to Futzy! These Terms & Conditions (hereinafter “Terms”) govern your access to and use of the Futzy website and services (collectively, the “Platform”). The Platform is owned and operated by Futzy, a proprietorship firm having its principal place of business at 4 Bhukailash Road, Kolkata, West Bengal, India.
By accessing, Browse, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Privacy Policy section. If you do not agree with any part of these Terms, you must not use the Platform.
GENERAL TERMS & CONDITIONS FOR USERS
1. Introduction & Acceptance of Terms
1.1. Platform Purpose: Futzy provides an innovative online platform that serves as a listing and promotional tool for various event spaces within restaurants located in Kolkata, West Bengal. It enables users to browse, search, and inquire about suitable venues for small to medium-sized events (e.g., birthday parties, ring ceremonies, baby showers, engagement ceremonies, office parties, etc.) typically catering to groups of 20 to 100 guests, complete with customizable food and drink packages.
1.2. Agreement: These Terms constitute a legally binding agreement between you (“User” or “you”) and Futzy.
1.3. Modifications: Futzy reserves the right to modify or update these Terms at any time, at its sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms. We recommend you review these Terms periodically.
2. Use of the Platform
2.1. Permitted Use: You may use the Platform solely for your personal, non-commercial use, to browse event spaces, submit genuine inquiries to restaurants, and contribute legitimate User Generated Content (UGC) as permitted by these Terms.
2.2. Prohibited Conduct: You agree not to:
a. Use the Platform for any unlawful purpose or in any way that violates applicable laws or regulations.
b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
c. Engage in any activity that interferes with or disrupts the Platform’s operations or the servers and networks connected to the Platform.
d. Upload, post, or transmit any content that is harmful, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
e. Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
f. Upload, post, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
g. Collect or store personal data about other users without their express consent.
h. Attempt to circumvent any security features or access controls of the Platform.
3. User Generated Content (UGC)
3.1. Your Content: The Platform allows users to upload and display User Generated Content (“UGC”), including photographs, reviews, comments, and ratings of restaurants and event spaces they have visited.
3.2. Responsibility for UGC: You are solely responsible for your UGC. You represent and warrant that:
a. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Futzy to use all intellectual property rights in and to your UGC.
b. Your UGC does not infringe, misappropriate, or violate a third party’s intellectual property rights, privacy rights, publicity rights, or any other rights.
c. Your UGC is accurate, truthful, and not misleading, and reflects your genuine experience and opinion.
d. Your UGC does not violate any applicable law or regulation.
3.3. License to Futzy: By uploading UGC, you grant Futzy a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your UGC in any media formats and channels now known or hereafter devised, for the purposes of operating, promoting, and improving the Platform and Futzy’s services, without any compensation to you.
3.4. Futzy’s Rights over UGC: Futzy reserves the right, but not the obligation, to monitor, review, edit, remove, or refuse to post any UGC at its sole discretion, for any reason or no reason, including if it violates these Terms or is deemed inappropriate, illegal, or offensive.
3.5. Disclaimer of Liability for UGC: Futzy is merely providing a neutral platform for users to share their genuine experiences and opinions. Futzy does not endorse, verify, or guarantee the accuracy, truthfulness, or completeness of any User Content. Futzy shall not be held responsible or liable for any UGC, including any negative reviews, inaccurate photos, or offensive content posted by users. You understand that user reviews are subjective and reflect individual opinions.
4. Restaurant Listings & Bookings
4.1. Listing Platform Only: Futzy operates solely as a listing and promotional platform. We display information provided by restaurants about their event spaces and packages.
4.2. No Endorsement or Guarantee: Futzy does not endorse, verify, or guarantee the accuracy, completeness, quality, or legality of any information provided by the restaurants listed on the Platform, nor the quality of services they provide. Users are advised to independently verify all information and conduct their own due diligence before making any booking decisions.
4.3. Direct Engagement: Any inquiry, negotiation, or booking transaction made through or as a result of the Platform is solely between you, the User, and the respective Restaurant. Futzy is not a party to any such agreement or transaction and holds no responsibility for its execution, terms, or consequences.
4.4. No Liability for Restaurant Services: Futzy shall not be responsible or liable for any acts, omissions, errors, representations, warranties, breaches, or negligence of any Restaurant, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
5. Intellectual Property Rights
5.1. Futzy’s IP: All intellectual property rights, including copyrights, trademarks, domain names, website design, underlying software, databases, proprietary algorithms, and all other content on the Platform (excluding User Generated Content), collectively referred to as “Futzy IP,” are and shall remain the exclusive property of Futzy or its licensors. These Terms do not grant you any rights to use Futzy IP beyond the permitted use of the Platform.
5.2. Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, use of the Platform, or access to the Platform without express written permission from Futzy.
6. Disclaimers
6.1. “As Is” Basis: The Platform and all content, information, materials, and services provided through it are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2. No Warranties: Futzy does not warrant that:
a. The Platform will be uninterrupted, error-free, or secure.
b. Any defects or errors will be corrected.
c. The Platform or the servers that make it available are free of viruses or other harmful components.
d. The results that may be obtained from the use of the Platform will be accurate or reliable.
6.3. Reliance on Information: Any reliance you place on the information found on the Platform is strictly at your own risk.
7. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Futzy, its proprietor, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:
a. Your access to or use of, or inability to access or use, the Platform.
b. Any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
c. Any content obtained from the Platform.
d. Unauthorized access, use, or alteration of your transmissions or content.
e. Any services provided by any Restaurant listed on the Platform.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Futzy has been advised of the possibility of such damage.
8. Indemnification
You agree to indemnify, defend, and hold harmless Futzy, its proprietor, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
a. Your access to or use of the Platform.
b. Your UGC.
c. Your breach of these Terms.
d. Your violation of any rights of another party, including without limitation, any intellectual property right, privacy right, or contractual right.
e. Any interaction or transaction between you and any Restaurant facilitated by the Platform.
9. Termination of Access
Futzy may, in its sole discretion, suspend or terminate your access to the Platform or any part thereof, at any time, with or without notice, for any reason, including without limitation, if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.
10. Governing Law & Dispute Resolution
10.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
10.2. Dispute Resolution:
a. Amicable Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall first be attempted to be resolved amicably through good faith discussions between you and Futzy.
b. Arbitration: If a dispute cannot be resolved amicably within thirty (30) days, it shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator solely appointed by Futzy.
c. Arbitration Details: The seat and venue of arbitration shall be Kolkata, West Bengal, and the language of the arbitration proceedings shall be English. The arbitrator’s award shall be final and binding on both Parties.
d. Exclusive Jurisdiction: Subject to the arbitration provisions, the Courts in Kolkata, West Bengal, India, shall have exclusive jurisdiction over any matters arising from or related to these Terms.
11. Miscellaneous
11.1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2. Entire Agreement: These Terms constitute the entire agreement between you and Futzy regarding the use of the Platform.
11.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
11.4. Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.
PRIVACY POLICY
Your privacy is paramount to Futzy. This Privacy Policy explains how Futzy (as the Data Fiduciary) collects, uses, stores, discloses, and protects your personal data when you use our Platform.
1. Introduction & Commitment to Privacy
Futzy is committed to protecting the privacy of your personal data. We process your data lawfully, fairly, and transparently, ensuring that it is collected only for specified, clear, and lawful purposes.
2. Data Fiduciary
Futzy, a proprietorship firm located at 4 Bhukailash Road, Kolkata, West Bengal, India, acts as the Data Fiduciary responsible for determining the purpose and means of processing your personal data collected through the Platform.
3. What Personal Data We Collect & Why
We collect personal data to provide, maintain, and improve our services to you. We limit the collection of personal data to what is necessary for the stated purposes.
3.1. Personal Data You Provide Directly:
* Inquiry Data: When you send an inquiry to a restaurant, we collect your name, email, phone number, event type, desired date, guest count, and any specific messages.
* Purpose: To facilitate your inquiry and connect you with the relevant restaurant.
* User Generated Content (UGC): When you upload reviews, photos, or comments, we collect the content itself and associated metadata (e.g., date of submission).
* Purpose: To allow you to share your experiences, inform other users, and improve the Platform’s content and utility.
* Communication Data: If you contact our customer support, we collect your communication content and contact details.
* Purpose: To address your queries, provide support, and improve customer service.
3.2. Personal Data Collected Automatically (through Cookies and Technologies):
* Usage Data: Information about how you interact with the Platform, such as pages visited, time spent on pages, links clicked, and search queries.
* Purpose: To understand user behavior, analyze trends, optimize Platform performance, and personalize your experience.
* Device Information: Your IP address, browser type, operating system, device identifiers, and mobile network information.
* Purpose: For security, fraud prevention, troubleshooting, and to ensure the Platform functions correctly across different devices.
* Location Data (Approximate): Derived from your IP address or if enabled on your device.
* Purpose: To provide location-relevant content (e.g., showing restaurants near Kolkata).
4. Consent
How Consent is Obtained: By accepting the terms and condition, submitting an inquiry, or uploading UGC, you provide your explicit consent for Futzy to collect and process your personal data for the purposes outlined in this Privacy Policy. You will be prompted to tick a box indicating your agreement to these Terms, which include this Privacy Policy.
5. How We Use Your Data
Your personal data is used solely for the purposes for which it was collected, including:
• To provide and operate the Futzy Platform and its services.
• To enable you to send inquiries to restaurants and facilitate communication.
• To personalize your experience on the Platform (e.g., showing relevant venues).
• To analyze Platform usage and improve our services, features, and user experience.
• To communicate with you about your inquiries, updates, and promotions (with your consent where required).
• To ensure the security and integrity of the Platform and prevent fraudulent activities.
• To comply with our legal obligations.
6. Disclosure/Sharing of Your Personal Data
We will only disclose your personal data for the purposes outlined herein or as required by law.
6.1. To Restaurants: When you submit an inquiry through the Platform, your name, email address, phone number, and inquiry details will be shared with the specific restaurant(s) you inquire about, to enable them to respond to your request.
6.2. To Service Providers: We may share your data with third-party service providers who assist us in operating the Platform (e.g., hosting providers, analytics services, customer support tools). These providers are contractually bound to protect your data and only use it for the services they provide to us.
6.3. For Legal Compliance & Safety: We may disclose your personal data if required to do so by law, court order, or governmental regulation, or if we believe in good faith that such action is necessary to:
* Comply with a legal obligation.
* Protect and defend the rights or property of Futzy.
* Prevent or investigate possible wrongdoing in connection with the service.
* Protect the personal safety of users of the service or the public.
* Protect against legal liability.
6.4. Business Transfers: In the event of a merger, acquisition, or asset sale, your personal data may be transferred as part of the business assets. We will notify you before your personal data is transferred and becomes subject to a different Privacy Policy.
11.1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2. Entire Agreement: These Terms constitute the entire agreement between you and Futzy regarding the use of the Platform.
11.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
11.4. Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.
7. Data Security (Reasonable Security Safeguards)
Futzy implements reasonable security safeguards, including technical, organizational, and physical measures, designed to protect your personal data from unauthorized access, use, alteration, and disclosure. These measures include data encryption, access controls, and regular security audits. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
8. Data Retention
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. When your personal data is no longer required, we will securely delete or anonymize it.
11. Cookies and Tracking Technologies
Futzy uses cookies and similar tracking technologies to track activity on our Platform and hold certain information. Cookies are small data files stored on your device. We use them for:
• Essential functionality: To make the Platform work correctly.
• Performance & Analytics: To understand how users interact with our Platform, identify popular pages, and improve performance.
• Personalization: To remember your preferences and provide a more personalized experience.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Platform.
13. Changes to this Privacy Policy
Futzy may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the new Privacy Policy on this page and updating the “Last Updated” date. Your continued use of the Platform after such changes constitutes your acceptance of the revised Privacy Policy.