Terms & Conditions

Eligibility to use the services

1. In accordance with these Terms, you represent and warrant that you are at least eighteen (18) years old and are fully capable of understanding and agreeing to the terms, conditions, obligations, affirmations, representations, and warranties contained herein.

2. Compliance with the Laws. In accessing and using the Services, you must comply with all laws and regulations in your country. By using the Services, you agree to comply with these Terms and applicable law, and not to violate our or third-party rights.

Changes to the terms

Zoofood may vary or modify or change or update these Terms, from time to time entirely at its discretion. You shall be responsible for checking these Terms from time to time and ensuring continued compliance with these Terms. Your use of the Zoofood Platform after any such amendment or change in the Terms shall be deemed as your express acceptance of such amended/changed terms. You also agree to be bound by such modified Terms.

Zoofood's provision of services

1. To provide its Customers with the best possible experience and information, Zoofood is constantly evolving. The form and nature of Zoofood Services may require certain changes. Therefore, Zoofood reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice. Zoofood also reserves the right to modify or alter any or all of the contents, products or services contained on the site at any time.

2. We, the software, or the software application store that makes the software available for download may include a feature that automatically checks for updates or upgrades. We, or the applicable software or software application store, may provide you with notice of the availability of such upgrades or updates, and they will automatically be pushed to your device or computer from time to time, unless your device, its settings, or computer software do not permit transmission or use of upgrades or updates. The Services, or portions thereof, may require you to install certain upgrades or updates to the software in order to continue to access or use them. As part of the Services, we may provide you with updates or upgrades under the Terms.

3. Zoofood reserves the right to disable access to your account. This may prevent you from accessing the Services, your account details, or any files or other content in your account if Zoofood disables access.

4. The number of transmissions you may send or receive through the Services is not currently limited by Zoofood, but Zoofood may set such a cap at any time, at its discretion.

5. As part of our continuous improvement efforts, we conduct research and conduct experiments on various aspects of the Zoofood Platform and Services. This includes our apps, websites, user interface, and promotional campaigns. Consequently, some Customers may experience features differently than others at any given time. To enhance Customer experience, improve safety and security of our services and offerings, and develop new services and features for the Zoofood Platform.

6. The following disclaimers apply to Zoofood's Services:

● The only purpose of any content on these services is informative use. Zoofood is not responsible for information that may have become outdated since the last time it was updated. At any time, Zoofood may change or correct any part of the Content on these Services without prior notice. There is no guarantee from Zoofood as to the quality of the Goods, the prices listed on the menus or the availability of all menu items at any Restaurant/Merchant. Pictures and information on these Services are believed to be owned by or licensed to Zoofood unless otherwise stated. If you are the owner of the copyrights to any of the Content on these Services and you feel that the use of the aforementioned information infringes in any manner upon your copyright, kindly get in touch with the webmaster by clicking the "Contact Us" link on the homepage. In your request, please specify the exact URL of the webpage. Zoofood has digitized all the images shown here. Without Zoofood's prior written permission, these digital versions may not be reproduced or republished in any format.

● Certifications, licenses or permits ("Certification") displayed on the Restaurant's listing page on the Zoofood Platform are for informational purposes only. These certifications are displayed by Zoofood on an 'as available' basis as provided by the Restaurant partner(s)/Merchant(s). Zoofood makes no representations or warranties regarding the validity, authenticity, reliability or accuracy of any certification. Zoofood does not assume any liability whatsoever for any losses or damages resulting from the use of this information or any inaccuracies, invalidities or discrepancies in the Certification or non-compliance with any applicable local laws or regulations by the Restaurant partner/Merchant. Customers may rely on the Certification or information thereto at their own risk.

7. If Zoofood decides to charge a subscription or membership fee in respect of any of its product or service on the Zoofood Platform, and/or any other charges or fees on a per order basis in the future, it reserves the right to do so.

8. The Zoofood Customer Referral and Incentives Program (Program) may be introduced from time to time. The terms and conditions of these programs may apply. Customer participation in the Program is subject to the Program terms and conditions as well as the Zoofood Platform terms. Zoofood reserves the right to terminate or suspend the Customer's account and/or the Customer's credits/points earned and/or participation in the Program in the event that Zoofood determines, in its sole discretion, that the Customer has violated the Program's terms or has engaged in fraudulent or illegal activities as a result of the Program or Zoofood Platform. Moreover, Zoofood reserves the right to modify, cancel and discontinue its Program at any time with or without notice to its customers.

9. At Zoofood's discretion, Zoofood may offer credit, promo codes, vouchers or any other form of cashback from time to time to Customers. In its sole discretion, Zoofood may modify, convert, cancel, or discontinue such credits, promo codes, or vouchers.

Use of services by you or Customer

Access to the 'Claim Your Business Listing' feature for Zoofood customers

a. The Services require you to create an account to access some features, including, without limitation, claiming your business listing. Our Privacy Policy governs the use of any personal information you provide during account creation. You must keep your password confidential. Your account, all updates and changes made through your account, and all activities associated with your account are solely your responsibility.

b.Using your credentials from certain third-party social networking sites (e.g., Facebook) may also allow you to register for the Services. By disclosing your social media login information to us, you confirm that you are the owner of any such social media account. We may collect your authentication information, as well as other information available on or through your social media account in accordance with your applicable settings.

c. By creating an account and/or claiming your business listing, you represent to us that all information provided to us is true, accurate, and current. You also agree to update your information to keep it current. When you create an account or claim a business listing, you represent to us that you own or are an authorized agent of that business. The Services do not allow you to impersonate anyone else, create or use an account on behalf of anyone else, provide an email address other than your own, create multiple accounts or business listings unless otherwise authorized by us, or provide or use false information to access a business listing on the Services that you are not legally entitled to. Zoofood or third parties may incur substantial economic damages and losses if you falsely claim a business listing, for which you may be held liable.

d. Additionally, you bear responsibility for all actions taken within your account. You consent to immediately alert us of any unauthorized use of your account so that we can take the appropriate corrective action. You also acknowledge that you are responsible for preventing unauthorized access to your Zoofood account and that you will not permit any other parties to use it.

e. You consent to receive specific communications related to the Zoofood Platform or Services by registering an account. For instance, other customers may leave comments or follow the behavior you undertake on your account. Through your account settings, you can choose not to receive certain communications or change your communication choices.

Others Terms

a. The Zoofood Platform provides value-added telephony services through its phone lines, which connect directly to certain restaurants' phone lines, which are displayed on the restaurant listing page. All information related to this call is recorded, including the voice recording of the conversation between you and the restaurant (for internal billing tracking purposes and customer service improvement). Please do not use Zoofood's telephone services if you do not wish your information to be recorded in this manner. As a Zoofood Platform user, you explicitly agree and permit Zoofood to record all this information whenever you use the Zoofood provided phone lines.

b. The Services may only be used for purposes permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practice or guideline.

c. If you wish to use Zoofood's data (available on the Services or by any other means such as APIs etc.), you must only do so for personal use/purposes, and not for commercial use (except in accordance with the 'Claim Your Business Listing' access), unless Zoofood has agreed in writing otherwise.

d. In the absence of a separate agreement with Zoofood, you agree not to use (or attempt to access) any of the Services through any means other than those provided by Zoofood. You agree to refrain from accessing (or intending to access) the Services via automated means (such as scripts or web crawlers) and to comply with any robots.txt files present on the Services.

e. By using the Services (or the servers and networks that are connected to them), you agree not to interfere with or disrupt the Services. No material or information posted by another Customer(s) may be deleted or revised, and no spamming is permitted, including but not limited to unsolicited emails, posts, or messages.

Content

Ownership of Zoofood Content and Proprietary Rights

a. We own all copyrights to the Services and our Content. The Services and Zoofood Content are also protected by copyrights, trademarks, service marks, logos, trade names, trade dresses, and other intellectual and proprietary rights throughout the world (the "IP Rights"). Copyright, patent, trademark, and other applicable intellectual property and proprietary rights and laws may cover these IP Rights. The Services contain original works that have been developed, compiled, prepared, revised, selected, and arranged by us and others using methods and standards of judgment developed and applied through considerable time, effort, and money and constitute valuable intellectual property of us and such others. In addition, you acknowledge that Zoofood may designate certain information as confidential and that you shall not disclose such information without Zoofood's prior written consent.

b. While and after the term of this agreement, you agree to protect Zoofood's proprietary rights as well as those of other parties with rights to the Services, as well as to comply with all reasonable written requests made by us or our suppliers and licensors of content in order to protect their contractual, statutory, and common law rights. As a result, you acknowledge and agree that Zoofood (or Zoofood's licensors) owns all legal rights, titles and interests in and to the Services, including IP Rights contained therein (whether registered or not, and wherever those rights may exist in the world). It is also your responsibility not to disclose Zoofood's confidential information through the Services without Zoofood's prior written consent. Zoofood's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features are not yours unless you have agreed otherwise in writing with Zoofood.

c. If you employ framing strategies, you will not use any kind of frame to enclose Zoofood trademarks, logos, or other proprietary information. You will also refrain from removing, covering up, or erasing any copyright or other proprietary notice or source identifier, including any proprietary mark's size, color, location, or style (s). In the event of an infringement, you will face legal action in an appropriate forum for seeking all available/possible remedies under the applicable laws of the country of infringement. Zoofood does not authorize the modification, reproduction, public display or exploitation of its Content.

d. We do not guarantee or represent that using any of the materials on the Services will not violate the rights of anyone who are not our owner or affiliated with us.By following the instructions contained in section XVI, you agree to notify us immediately if you become aware that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights.

Your License to Zoofood Content

a. In this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only in the manner expressly permitted by these Terms. Any illegal use of the Services or any use inconsistent with these Terms is prohibited. The information provided through the Services may be used only for personal, non-commercial purposes. The Zoofood Content must not be used, copied, displayed, distributed, modified, broadcasted, translated, reproduced, reformatted, incorporated into advertisements or other works, sold, promoted, created derivative works, or otherwise exploited or allowed to be exploited except in ways expressly authorized by us. We do not grant you any other express or implied right or license to the Services, Zoofood Content or our IP Rights unless otherwise expressly granted in writing.

b. In the event that you violate the license provisions in this Section, your right to use the Services may be immediately terminated, as well as you may be liable for copyright and other IP Rights infringement.

Zoofood License to Your or Customer Content

You hereby irrevocably grant Zoofood a perpetual, irrevocable, worldwide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a "restaurant business page" to manage claimed business listings or otherwise) and all IP Rights therein for any purpose, including but not limited to: providing the Services on the Zoofood Platform. By "use," we refer to the following actions: using, copying, displaying, distributing, changing, translating, reformatting, incorporating into advertisements and other works, promoting, selling, analyzing, creating derivative works, and, in the case of third-party services, enabling others to use them in the same way. Whenever you submit Your Content, you grant us the right to use your name or username. With respect to Your Content, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against Zoofood or its Customers, or their users.

Representations Regarding Your or Customer Content

a. Your Content is your responsibility. You affirm and warrant that Your Content is Original to You, that You Have All Rights in It, or that You Have Explicit Permission from the Right Holder to Submit It, that Your Content is Original to You, that It Was Not Created by Use of an Automated Process, such as a Script Bot, that It Was Not Based on Any Other Content, Work, or Website, and That It Was Not Used by Us, Third Party Services, and Our and Any Third Party

b. The content of your website must be a review, and you must represent and warrant that it is written by you; that the review describes an actual dining experience you had; that you were not compensated or otherwise remunerated for writing the review; and that you did not have any financial, competitive, or other personal incentive to write or post a review that did not reflect your honest opinion in a fair manner.

c. Any reliance on the quality, accuracy, or reliability of Your Content is at your own risk. You may disclose any personally identifiable information in Your Content. Although we reserve the right to remove Content, we do not control Customer actions or Content and cannot guarantee its accuracy, integrity, or quality. Any liability arising from Customer-posted Content is solely the responsibility of the Customer who posted it, and not Zoofood.

Content Removal

It is our sole discretion, at any time and without advance notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider objectionable, in violation of the Terms, or otherwise harmful to the Services or our Customers. In accordance with applicable law, we do not have to return any of Your Content to you. In addition, the Restaurant reserves the right to remove any images and pictures forming part of Customer Content from its listing page at its sole discretion.

Third Party Content and Links

a. There may be third-party content available via the Services, such as third-party reservation services or online food delivery/ordering or dining out. If you use such third party services, you will be subject to the terms of service and privacy policies applicable to that third party. Business addresses, phone numbers, and other contact information may be obtained from third parties whose data comes from public sources.

b. We do not guarantee the accuracy, relevance, copyright compliance, legality, completeness, timeliness, or quality of any products, services, advertisements and other content appearing in or linked to from the Services. Before or after including third-party content on our Services, we do not screen or investigate it.

c. Any portion of the content accessible on the Services may be improved or corrected at our discretion and without any obligation. We may verify any updates, modifications, or changes to any content accessible on the Services at our sole discretion, without any obligation, but we shall not be liable for any delay or inaccuracy resulting from such updates. Zoofood is not responsible for the availability of such external sites or resources, and does not endorse any advertising, products or other materials on or available from such sites or resources.

d. The content posted by third parties, including customers and restaurant partners, does not reflect our views or those of our parent, subsidiaries, affiliate companies, branches, employees, executives, directors, or shareholders. Furthermore, none of the content available through the Services is endorsed or certified by the providers or licensors of such content. No responsibility or liability is assumed for any of Your Content or third-party content.

e. Further, you acknowledge and agree that Zoofood is not liable for any loss or damage you may incur as a result of the availability of those external websites or resources or any reliance placed by you on the completeness, accuracy or existence of any advertisements, products or other materials on, or accessible from, such websites or resources. Third-party content supplied by third parties, including offensive, defamatory, illegal, invasive, unfair, or infringing content, is expressly disclaimed by us.

Customer Reviews

a. Reviews or ratings of restaurants provided by customers do not reflect the opinions of Zoofood. Zoofood receives multiple reviews or ratings from Customers for Restaurants, reflecting their opinions. Each and every review posted on Zoofood reflects only the opinion of the customer/reviewer. Zoofood is a neutral platform that facilitates communication between customers and reviewers, including restaurant owners and representatives. Advertisements published on the Zoofood Platform are independent of the reviews they receive.

b. As a neutral platform, we do not arbitrate disputes, but if someone writes a review that the restaurant believes to be false, the restaurant representative would have the best option of contacting the reviewer or posting a public response to resolve any misunderstandings. Restaurants may contact us at info@zoofood.in if they believe a particular customer's review violates Zoofood's policies. If the review violates the Terms, content guidelines and policies, or otherwise harms the Services, Zoofood may remove it.

Content guidelines and privacy policy

1. Content Guidelines

As a content creator, you represent that you have read, understood, and agreed to our Guidelines and Policies

2. Privacy Policy

Please be aware that we reserve the right to reveal information about you to third parties or government agencies if we determine that doing so is reasonably necessary to: I respond to claims of illegal activity; (ii) enforce or apply our Terms and Privacy Policy; (iii) conform to legal requirements or other government inquiries, such as a search warrant, subpoena, statute, judicial proceeding, or another legal requirement/notice served on us; or (iv) protect our rights, reputation, or other interests.

Restrictions on use

1. The terms of this agreement specifically prohibit you from posting or transmitting any content (including reviews) or engaging in any activity that, in our sole discretion, may harm the Services.

a. Violate our Guidelines and Policies

b. Is indecent, discriminatory, verbally abusive, threatening, harassing, tortious, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable; is connected with or encourages money laundering or gambling;

c.Contains false or inauthentic information, or fails to address the goods and services, atmosphere, or other aspects of the business being reviewed.

d. Content that violates the standards of good taste or the standards of the Services;

e. Clearly violates any third-party rights, including, but not limited to, privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, or other intellectual property rights;

f. accuses others of illegal activities or talks about physical fights;

g. Alleges any health code violations that require reporting to the healthcare department. For more information about health code violations, please refer to our Guidelines and Policies.

h. Any act that violates federal, state, or local law or regulation (for example, disclosing or trading on insider information in violation of securities law);

i. impersonate another person or entity;

j. If You Disguise or Attempt to Disguise the Source of Your Content, including but not limited to, (1) submitting Your Content under a false name or on false pretenses, or (2) disguising or attempting to disguise the IP address from which You are submitting Your Content, You may be held responsible;

k. This constitutes deceptive advertising or causes, or results in, a conflict of interest;

l. Among other things, it may include spam, surveys, contests, pyramid schemes, postings or reviews that are submitted or removed in exchange for payment, posts or reviews that are submitted or removed by the business being reviewed, or any other advertising material;

m. Infers that we are sponsoring or endorsing Your Content;

n. If the product or service is provided in a foreign language, contains material that is not in English;

o. Makes false statements, misrepresentations, or concealments about your affiliation;

p. Unauthorized access or use of another customer's account;

q. Any software, hardware, or electronic communications equipment that is infected with computer viruses or other codes, files, or programs;

r. Attempts to interfere with, disrupt, or destroy the functionality of the Services or the servers or networks that are connected to the Services;

s. "Hacks" or accesses without permission our proprietary or confidential records or those of another customer;

t. Disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or nondisclosure agreement;

u. Aims to decompile or reverse engineer the Services, or to disassemble or disassemble them;

v. Interferes with security-related features, or features that limit the use of the Services; removes, circumvents, disables, damages or otherwise interferes with them;

w. Undermines or circumvents the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access;

x. Stores collect, or access personal information about other Customers of the Services;

y. Is posted by a bot;

z. Any act that harms minors;

aa. Incites someone to commit any cognizable offense, prevents an investigation of any offense, or insults any other nation by compromising the unity, integrity, defense, security, or sovereignty of India or the country of use, friendly relations with foreign nations, or public order;

bb. Copying, scraping, crawling, displaying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any of the Services or Our Content;

cc. Attempts to do any of the foregoing.

dd. Is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause injury;

2. Zoofood has no obligation to monitor your - or anyone else's - access to or use of the Services for violations of the Terms or to review or edit any content. In order to operate and improve the Services, including fraud prevention, risk assessment, investigation, and customer support, we are permitted to do so (including without limitation for fraud prevention, risk assessment, investigation, and customer support), to make sure you are following the Terms and to comply with applicable law, legal process, consent decrees, administrative agencies, or other government agencies.

3. It is your agreement and assurance to Zoofood that you will only use the Zoofood Platform/Services for lawful purposes and that you will not violate the laws, regulations, ordinances, or other such requirements of the federal, state, or local governments or international law(s). Unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation cannot be uploaded, posted, emailed, transmitted, or otherwise made available. You shall not encumber or cause to exist any lien or security interest on the subject matter of these Terms, or make any representation or warranty on Zoofood's behalf.

4. When communicating on the Zoofood Platform, including but not limited to providing cooking instructions to the Restaurants, chatting with our support agents, or communicating with the Delivery Partners, you agree and assure that you will not use abusive or derogatory language and/or post any objectionable information such as unlawful, threatening, defamatory, or obscene language. Zoofood reserves the right to suspend chat support service and/or block your access and use of the Zoofood Platform if you use abusive language and/or post objectionable information at any time.

5. Content uploaded by you is subject to the applicable laws of India and the country of use, and may be disabled, or investigated under those laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Zoofood Platform, Zoofood may immediately block your access to the Zoofood Platform. Any non-compliant content or comments uploaded by you will immediately be removed by Zoofood. It will also have the right to seek all available remedies under various statutes if necessary.

Customer feedback

1. If you share or send any ideas, suggestions, changes or documents regarding Zoofood's existing business ("Feedback"), you agree that (i) You have not provided any confidential, secretive, or proprietary information to third parties in your Feedback, (ii) Feedback provided by Zoofood is not confidential and Zoofood may use it unrestrictedly without any restrictions (iii) A similar Customer Feedback may have already been received by Zoofood, or it may be under consideration or in development, and (iv) When you submit Feedback, you grant us a non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute, and sublicense it, and you irrevocably waive any claims/assertions related to the Feedback against Zoofood and its Customers.

2. Zoofood will not accept or consider any ideas that violate its policy. Please only provide feedback about Zoofood's existing products or marketing strategies.

3. Zoofood and its employees do not accept or consider unsolicited ideas, including suggestions for upcoming advertising campaigns, new promotions, new or improved products and technologies, product enhancements, processes, materials, marketing plans, or new product names, despite the above-mentioned clause. Zoofood or any of its employees do not accept unsolicited ideas, original creative artwork, suggestions or other works ("Submissions").

4. This policy aims to prevent potential misunderstandings or disputes when Zoofood's products or marketing strategies seem similar to ideas submitted to Zoofood. The following terms shall apply to your Submissions, regardless of what your letter says if you still submit them despite our request not to.

5. Terms of Idea Submission
Without compensation to you, you consent to (1) your Submissions and their Contents automatically becoming Zoofood's property; (2) Zoofood may use or redistribute the Submissions for any purpose and in any way; (3) Zoofood is not required to review the Submission; and (4) Submissions are not required to remain confidential.

Advertising

1. Advertisements and promotions may be displayed on some Services that are supported by advertising revenue. Depending on what information you store on the Services, or what queries you make through the Services, you may see advertisements targeted at the content of your information. Zoofood may change the manner, mode, and extent of advertising on the Services at any time without prior notice. You agree that Zoofood may place such advertising on the Services in exchange for Zoofood granting you access and using the Services.

2. Zoofood may include advertising information, promotional materials, or other materials submitted by third parties or customers. It is the responsibility of the party providing the information/material to ensure that it complies with applicable international and national laws. A person's correspondence or business dealings with advertisers other than Zoofood on the Zoofood Platform or mobile apps, including payments and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, will be between them and the advertiser. As a result of any such dealings or the presence of such other advertiser(s) on Zoofood's Platform and mobile application, Zoofood will not be liable or responsible for any errors or omissions, inaccuracies in advertising material, or loss or damage of any sort.

3. Zoofood is not involved in any way in the collection or utilization of funds collected pursuant to a charitable campaign ("Charitable Campaign") when information about the campaign is sent to Customers or displayed on the Zoofood Platform where Customers have the option of donating money (a) through a third-party website, or (b) through a third-party bank account. There is no responsibility or liability on Zoofood's part for the accuracy, completeness, legality, or reliability of any information related to the Charitable Campaign. Customers are advised to do an independent verification of information related to the Charitable Campaign before taking any action.

Zoofood's additional terms and conditions apply to customers using its various services:

1. ONLINE ORDERING:

a. Using the Zoofood Platform, Zoofood provides online ordering services by entering into contractual agreements with restaurant partners ("Restaurant Partners") and Stores (as defined below) to list their menu items or products (as defined below) for online ordering by Customers.

b. Menu items and products can be accessed on the Zoofood Platform by customers, and online orders can be placed against Restaurant Partner(s)/Store(s).

c. The Zoofood Platform gives Zoofood unconditional and irrevocable authority to place online orders on your behalf against the Restaurant Partners and Stores.

d. Orders placed through the Zoofood Platform may either be delivered directly by a Restaurant Partner or the Store to whom you have placed an order or may be facilitated by Zoofood through a third party (“Delivery Partners”) who may be able to provide delivery services to you. Zoofood acts solely as an intermediary between you and the Delivery Partners, or you and the Restaurant Partners, or you and Stores.

e. Under the Consumer Protection Act, 2019 or any successor legislation, the acceptance of delivery by a Delivery Partner constitutes a contract of service between you and the Delivery Partner, to which Zoofood is not a party. Zoofood does not provide delivery or logistics services and only facilitates the delivery of food and beverages or Products ordered through the Zoofood Platform. This is done by connecting the Customer with Delivery Partners, Restaurant Partners, or Stores.

f. Zoofood will not be liable for acts or omissions of the Delivery Partner when Zoofood facilitates the delivery of your order, including deficiency in service, incorrect delivery of the order, time taken to deliver the order, tampered order packages, etc.

g. Delivery Partners, Restaurant Partners, or Stores may charge you delivery fees for delivering your order (“Delivery Charges”). As a Restaurant Partner, Delivery Partner, or Store, you agree that Zoofood may collect Delivery Charges from you, on behalf of the Restaurant Partner, Delivery Partner, or Store, as applicable. Depending on multiple factors including but not limited to Restaurant Partner / Store, order value, distance, time of day, delivery charges may vary from order to order. You will be informed by Zoofood of the applicable Delivery Charges, and you are responsible for the Delivery Charges incurred for your order regardless of whether you are aware of them.

h. A delivery surge fee may be charged to you if your order is delivered by the Delivery Partner, the Restaurant Partner or the Store, depending on a variety of factors, including distance covered, time taken, demand for delivery, real-time traffic analysis and weather analysis, seasonal peaks or other parameters that may be determined from time to time ("Delivery Surge"). Zoofood is authorized to collect the Delivery Surge for delivery services provided by Restaurant Partners, Stores, or Delivery Partners on behalf of the Restaurant Partners, Stores, or Delivery Partners. It is possible that the Delivery Surge will vary depending on the Restaurant Partner / Store, order value, distance, and demand during peak hours. Zoofood will make reasonable efforts to inform you of any Delivery Surge that may apply to your order, regardless of whether you are aware of it.

i. Zofood shall issue documents like order summaries, tax invoices, etc. in accordance with applicable legal regulations.

Online Ordering with Restaurant Partners:

Zoofood Platform prices are provided by Restaurant Partners at the time of publication and have been placed as received from them. Although we do our best to keep them current, the final price charged to you by the Restaurant Partner may change at delivery. Zoofood's Delivery Charge is not included in the price displayed on the Zoofood Platform, if there is a conflict between the price displayed on the Zoofood Platform and the price charged by the Restaurant Partner.

On-Time or Free: Zoofood offers on-time services at select Restaurant Partners for an extra non-refundable cost to Indian customers. Despite this, you acknowledge that such services are provided by Zoofood on a best-effort basis, so in the event your order does not arrive by the Promise Time, you will be eligible to receive a Coupon equivalent to the order value or up to INR 250. If you fail to claim the coupon within twenty-four (24) hours of receiving such an order, you will lose your right to claim it. Additionally, the coupon will have a validity period of 7 (seven) days. You are not eligible to receive the coupon if you:

i) The Promise Time is delayed for unforeseen reasons, for example. Strikes, natural disasters, and Restaurant Partners' failure to fulfill orders.

ii) In any case, you change, edit, modify or cancel such Order, or do any other act that has the effect of changing, editing or modifying such Order, including adding or modifying the items ordered, receiving delivery at a different location than the one indicated when you placed the order, etc.

iii) By engaging in actions intended to delay the order, including, but not limited to, asking the Delivery Partner to delay the order, becoming unresponsive on the phone, etc.

iv) Order size is bulk (according to Zoofood’s standard order size).
Unless otherwise stated, capitalized words shall have the following meaning: "Promise Time" shall mean the time between when the Delivery Partner accepts an order and when the Delivery Partner reaches within 100 meters of Your location or the first barrier point (security guard/reception, etc.). Zoofood shall generate a one-time coupon for the delay in Promise Time to be used according to the applicable terms.

d. Zoofood Gift

i) You can order online from a Restaurant Partner for delivery to someone else, your loved ones (who may or may not be Zoofood customers) (“Gift Recipient”).

ii) For the Restaurant Partner or Delivery Partner to deliver the Gift Order, you will need to provide the Gift Recipient's contact information, such as name, phone number, address or any other information reasonably necessary ("Contact Information").

iii) By using the Zoofood Gift feature, You warrant and represent that You have obtained the Gift Recipient's consent to provide Zoofood with the Contact Information. Furthermore, you guarantee and represent that Zoofood, its directors, employees, affiliates and subsidiaries, and their respective directors and employees, will be indemnified and held harmless from any claims or disputes initiated by the Gift Recipient whose Contact Information you provided to place the gift order.

iv) Upon placing an order for a Gift, You irrevocably agree to be responsible for any refusal made by the Gift Recipient or prejudice suffered by either.

v) The Restaurant Partner, Delivery Partner, or we may contact You for further assistance if the Gift Recipient cannot be reached.

vi) In most cases, we will deliver the message you send with the Gift order, but sometimes it may not be possible.

vii) There will be no additional charge for Gift Orders. The charges will be the same as for a regular online order.

viii) Whenever the Gift Recipient has a question regarding a Gift Order, they can contact us through chat support on the Zoofood Platform or via info@zoofood.in.

ix) Refunds on gifts will be provided to the sender, and the gift recipient will not receive any benefit.

x) As a Zoofood Gift customer, you hereby expressly and unambiguously consent to the collection, use and transfer of your personal information in electronic or other forms. Zoofood will need your name, phone number, email address, and payment information. These details will be used in accordance with Zoofood's Privacy Policy.

General Terms and Conditions

● Zoofood facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Store(s), in accordance with the contract for the sale and purchase of food and beverages or Products. Zoofood is not a manufacturer, seller, or distributor of food and beverages or Products; rather, it merely places an order against the Restaurant Partner(s)/Store(s) on behalf of the Customers (s).

● There shall be no liability on Zoofood's part for any act or omission of Restaurant Partners/Stores, including but not limited to decline in service, the wrong delivery of order, order mismatch, quality, inaccurate pricing, deficient quantity, time taken to prepare and deliver the order, etc.

● Any warranty or guarantee for food and beverages or Products sold to the Customer shall be solely the responsibility of the Restaurant Partner(s)/Store(s) and not Zoofood.

● It is Zoofood's intention to clarify that for Indian Customers, any violations of the applicable rules and regulations shall be solely the responsibility of sellers, brand owners, vendors, restaurant partners/stores, importers and manufacturers of food products, products or pre packaged goods. Pre-Packed Goods, for purposes of clarity, are any foods or beverages that are placed in a package of any kind, so that the contents cannot be changed without tampering with them, and ready to be sold to the customer or as defined by the Food Safety and Standards Act, 2006.

● Please be aware that some of the foods, drinks, and products may only be appropriate for particular age groups. Prior to placing your order, you should double-check the dish you're ordering and, if one is available, read its description. If the food and beverages or the product you ordered don't satisfy your dietary needs or other limitations, Zoofood won't be responsible.

● You will need to provide certain information when placing an order, including your contact number and delivery address. When providing these details, you agree to take particular care and warrant that these details are accurate and complete at the time of placing an order. You agree to Zoofood's terms and privacy policies by providing these details.

● Food and beverages purchased via the Zoofood Platform may not be resold or transferred by you or anyone instructed by you.

● If you place your order on the Zoofood Platform, the total price for the food ordered, including Delivery Charges and other charges, will be displayed, which may be rounded up. Payment must be made in full for any food or products ordered through the Zoofood Platform.

● Taxes are included in any amount Zoofood may charge you over and above the order value.

● Delivery periods/Takeaway times quoted at the time of ordering are approximate only and may vary.

● The Personal Promo code may only be used by You in accordance with Zoofood's terms and conditions.

● Cancellation and refund policy:

i) You understand that (1) any cancellation of your order, your attempt to cancel it, or (2) any cancellation for reasons not attributable to Zoofood, such as when you provide incorrect information (such as an incorrect contact number or delivery address) or when you were unavailable to accept the services offered to you, shall constitute a breach of your unconditional and irrevocable authorization for Zoofood to place that order again. You will be liable to pay liquidated damages equal to the order value if you commit an Authorization Breach. The amount payable as liquidated damages is authorized to be deducted or collected by Zoofood in its discretion, including without limitation, by deducting such amount from any payment towards your next order.

ii) In some cases, Zoofood may be unable to accept your order or cancel it due to technical errors, unavailability of items ordered, or any other reason attributable to Zoofood, Restaurant Partners/Stores, or Delivery Partners. Zoofood will not charge you a cancellation fee in such cases. You will receive a refund if the order is canceled after payment has been charged and you are eligible for a refund.

iii) Without Restaurant Partner's/Store's permission, no replacement / refund / or other resolution will be provided.

iv) The Customer will be required to provide proof of any complaint regarding the order, including instances such as food spillage, foreign objects in the food, delivery of the wrong order or food, beverages, or products, or poor quality before any resolution can be provided.

v) If the instructions you placed with your order are not followed in the manner and form you intended, you will not be entitled to a refund. Restaurant Partners/Stores will follow instructions to the best of their ability.

vi) You will receive all refunds in the same manner as they are received unless you have received refunds in the form of credits, in which case the refund amount will reflect in your account according to your bank's policies.

ZOOFOOD PAY:

For Zoofood Pay users in India:

A Customer who uses Zoofood Pay on the Zoofood Platform to pay for the Bill Amount (as defined below) will be subject to the following terms and conditions

a. In the 'Payment' section on the Zoofood Platform, Customers can choose any payment method to pay for the Bill Amount.
In Zoofood Pay, the term “Bill Amount” refers to the total amount (including taxes, service charges, and any other charges, if applicable, excluding tip) that is stated on the dining bill for food and beverages consumed at restaurants that are partnered with Zoofood for Zoofood Pay.

b. After paying the Bill Amount via the Zoofood Platform, the Customer acknowledges that the restaurant partnered with Zoofood for Zoofood Pay will require the Customer to show the payment confirmation.

c. The Customer will be entitled to Zoofood Pay Benefits (as defined below) upon successful payment of the Bill Amount using Zoofood Pay via Zoofood Platform.
As part of Zoofood Pay, "Zoofood Pay Benefits" include, but are not limited to:
a. an instant discount applied to your bill.
b. If the final payable amount meets the minimum and maximum order value criteria for a particular offer, as determined by the bank from time to time, the additional banking partner offer(s) will apply to the final payable amount, net of other discounts (excluding tips).

C. Scratch card offers with cashback in the form of Zoofood Credits, provided the final payment is at least INR 50.

d. Payments can be made using Zoofood Pay by scanning the Zoofood QR code at a restaurant that has partnered with Zoofood for Zoofood Pay or by searching the Zoofood Platform for restaurants that have partnered with Zoofood for Zoofood Pay and selecting Zoofood Pay as a payment method.

e. All costs and charges incurred by the Customer for the additional items ordered but not included under the Bill Amount will be borne solely by the restaurant partnered with Zoofood for Zoofood Pay. In the event that there is a concern about the payment using Zoofood Pay, we will do our best to assist you, but the restaurant partnered with Zoofood for Zoofood Pay must verify and confirm the payment.

f. For Zoofood Credits to be received, the Customer must scratch the scratch card offer. Customers must take advantage of Zoofood Credits before their expiration date once the scratch card offer is revealed to them. There will be a clear indication of the expiration date on each scratch card offer.

g. Zoofood must receive successful payments before you can access Zoofood Pay Benefits.

h. Zoofood Pay requires the Customer to be present at the partner restaurant.

i. In addition to Zoofood Pay Benefits, the Customer acknowledges that the Zoofood Pay Benefits cannot be combined with any ongoing offers by the partner restaurant at the restaurant premises or on items sold at maximum retail price (MRP).

j. If the Customer is employed at the same restaurant partner, Zoofood Pay cannot be used.

k. As a result of its sole discretion, Zoofood may terminate or suspend Zoofood Pay Benefits to the Customer if Zoofood finds that: (i) the Customer has violated the Zoofood Pay terms listed herein, (ii) the Customer has engaged in activities that violate Zoofood Pay terms, or any Zoofood Platform terms; or (iii) the Customer has engaged in fraudulent/unlawful activities while using Zoofood's services.

l. Upon breach of these terms, including any fraudulent and suspicious activity while using Zoofood Pay, Zoofood reserves the right to block and/or terminate/suspend Zoofood Pay Benefits.

m. Every day, Zoofood Pay and the associated Zoofood Pay Benefits are available to customers. However, on Exclusion Days (described below), the Customer shall not benefit from the instant discount(s) applicable to the Bill Value.

n. Under Zoofood Pay Benefits, the following instant discounts are available: a. A Zoofood Pro member is eligible for a discount at restaurants partnered with Zoofood Pro if they use Zoofood Pay via Zoofood Platform (the Zoofood Pro Discount is applicable along with Zoofood Pay Benefits on the Bill Amount); b. The discount will appear as an "instant discount" if a Zoofood Pro member uses Zoofood Pay through the Zoofood Platform at a restaurant that is not a Zoofood Pro partner; c. If a non-Zoofood Pro Customer uses Zoofood Pay via Zoofood Platform at a restaurant that has partnered with Zoofood Pro, the discount will only be reflected as a "instant discount," if applicable; d. The discount will appear as a "instant discount" if a non-Zoofood Pro Customer uses Zoofood Pay through the Zoofood Platform at a restaurant that is not a Zoofood Pro partner.

o. As part of the Zoofood Platform, there are two different payment methods available, the Edition Wallet and Zoofood Pay, and a Customer will be entitled to Zoofood Pay Benefits only if he or she uses Zoofood Pay when paying the Bill Amount.

p. In order to be eligible for Zoofood Pay, the Customer must agree to receive the service on the basis of a 'best effort' basis.

q. It is Zoofood's right to modify Zoofood Pay Benefits and/or these Zoofood Pay Terms at any time, modify or discontinue Zoofood Pay Benefits or Zoofood Pay Terms, without or with prior notice, and Zoofood's decision shall be the final and binding decision in this matter.

r. Any other program or arrangement the Customer may have with Zoofood will not be affected by these Zoofood Pay Terms. There will be no effect on Zoofood's Terms of Service governing the contractual relationship between the Customer and Zoofood if Zoofood Pay and these Zoofood Pay Terms are terminated.

s. Please contact us via chat support or info@zoofood.in if you need any assistance.

BOOK SERVICE/TABLE RESERVATIONS:

a. By using the Zoofood Platform and related mobile or software applications, Customers can request a reservation for a table at a restaurant. Bookings will only be confirmed to Customers by email, short message service ("SMS") and/or any other means of communication when the restaurant accepts and confirms them. When a customer requests a table reservation, the availability of the table is determined. A few details will need to be provided when using the Zoofood Book Service. The details you provide must be accurate and complete, and you warrant that they are. After booking a table through the Zoofood Book Service, you expressly accept Zoofood's terms and privacy policies and agree to receive booking confirmations via email, SMS, and/or any other means of communication. Additionally, Customer agrees not to make more than one reservation for the same mealtime for his or her personal use.

b. Fees: Upon using the Zoofood Book Service, Zoofood may charge the Customer a booking fee ("Booking Fee"). The restaurant will apply this Booking Fee to the total bill for the items consumed by the Customer. After deducting the Booking Fee from the restaurant bill, any balance remaining is payable by the customer. In addition, the Customer is responsible for any additional charges and/or taxes arising from the transaction. After the Customer has paid the Booking Fee, any change in the amount will be applied to the amount already paid. To identify the Customer, the restaurant may require the Customer to present the payment instrument.

c. Modifications & Cancellations: Modifications to the confirmed booking must be approved by the restaurant. Zoofood will keep the Customer informed about the status of the booking as much as possible. Customers may cancel bookings where the Booking Fee is not applicable thirty (30) minutes prior to the scheduled booking time. Customers who have paid the Booking Fee for confirmed bookings will not be able to modify the booking, but they can cancel the confirmed booking twenty-four (24) hours before the scheduled booking time. The Booking Fee shall be refunded to the Customer within seven (7) working days of such cancellation, except as otherwise provided herein. In the event that the Customer fails to cancel the booking within the estimated timeframe mentioned above, Zoofood reserves the right to retain the Booking Fee.

d. Late Arrivals: Zoofood advises the Customer to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Zoofood shall in no manner be liable for such cancellation initiated by the Restaurant. In the case that a customer arrives at the restaurant more than 10 minutes late or does not show up at all, Zoofood reserves the right to keep the Booking Fee that the customer has paid.

e. Dispute: Customers are required to contact Zoofood within 30 minutes of the scheduled booking time in case the restaurant fails to honor their booking or in case of any other complaint or dispute related to the booking. Please use the helpline numbers listed below to resolve such disputes. The Booking Fee will be refunded to the Customer at Zoofood's sole discretion once Zoofood receives such a complaint or dispute and makes reasonable efforts to verify the facts.

f. Personal Information: In order to avail of the Zoofood Book Service, customers will be required to provide certain personal information, such as their name, phone number, and email address, to Zoofood and/or the restaurant. Zoofood will be able to share such personal information with the restaurant in order to confirm the Customer's booking and/or to send any other communications related to Zoofood Book Service or restaurant promotions. Our Privacy Policy explains how Zoofood uses these details. In order to process your reservation, Zoofood will share your personal information with the restaurant. Nevertheless, Zoofood shall not be liable for any use of your personal information by such restaurants.

g. Additional Request: Zoofood will communicate any additional requests communicated by the Customer at the time of booking to the restaurant and confirm the same to the Customer based on the restaurant's response. Despite Zoofood's best efforts to communicate these requests to both the Customer and the restaurant in a timely manner, the responsibility for fulfilling the requests lies with the restaurant. Zoofood shall not be liable if the restaurant fails to honor any additional requests confirmed by the Customers.

h. Call Recording: Whenever you have questions about the Zoofood Book Service or any feedback regarding it, Zoofood may contact you by phone, SMS, or other electronic messaging or by email. For internal training and quality purposes, Zoofood or any third party appointed by Zoofood may record any calls made by Zoofood, itself or through a third party, to Customers or the restaurant regarding any booking request made by the Customer.

i. Liability Limitation: Zoofood shall not be liable for any interactions with a restaurant as a result of the booking or for the Customer's experience at the restaurant or in the event a restaurant does not honor the confirmed reservation, notwithstanding what is otherwise stated herein. Customers are only connected to the restaurant through Zoofood, and Zoofood is not responsible for any acts or omissions of the restaurant including service problems, food quality issues, and time taken to serve customers.

j. Contact Us: For any further queries regarding the Zoofood Book Service, please write to info@zoofood.in or call us at the following number: 9899463915

FOOD HYGIENE RATINGS:

a. Using certified auditors ("Hygiene Auditor(s)") to audit restaurants, Zoofood has developed the Food Hygiene Ratings ("Hygiene Rating(s)") initiative. As a facilitator in the hygiene audit process, Zoofood does not conduct any hygiene audit by itself; it only acts as a facilitator.

b. Zoofood Platform's Hygiene Rating(s) are for informational purposes only and merely reflect a restaurant's hygiene standards at the time of its audit by the Hygiene Auditor(s). Neither the Hygiene Ratings nor the food quality standards of a restaurant shall be considered indicators of the restaurant's hygiene standards.

c. Validity:

● Depending on the case, the Hygiene Rating(s) displayed on the Zoofood Platform will expire six (6) or twelve (12) months after the date of the last audit.

● A restaurant's Hygiene Rating(s) may be removed by Zoofood without prior notification to the Customer when the validity of the Hygiene Rating(s) expires.

b. Disclaimer and Liability:

● Zoofood disclaims all warranties in regard to the Hygiene Rating(s) or any information displayed in this regard on the Zoofood Platform, which are derived from the Hygiene Auditor(s)'s data provided to Zoofood. The Hygiene Rating(s) are displayed on Zoofood on an 'as available' basis based on the data provided to Zoofood by the Hygiene Auditor(s) for a restaurant.

● A Customer's actions based on the Hygiene Rating(s) or any information displayed on the Zoofood Platform regarding hygiene are strictly at his/her own risk and Zoofood cannot be held liable for any losses or damages that may result from the use of this information or any inaccuracies, invalidities, or discrepancies that may occur in the Hygiene Rating(s). Including, without limitation, any consumption of food or any other item served in a restaurant, or any other services provided by the restaurant, Zoofood expressly disclaims all liabilities that may arise in connection with reliance on such Hygiene Rating(s) by a Customer.

● In no circumstances shall Zoofood be held responsible for restaurants not displaying the correct and accurate Hygiene Rating(s) on their premises, websites, or any other media.

●Customer acknowledges that the Hygiene Rating(s) displayed on the Zoofood Platform should not be construed as proof of the restaurant's hygiene practices or standards, and that these Hygiene Rating(s) cannot be used as evidence in court or by governmental authorities, nor may they be contested in any way. It is also the responsibility of the restaurant to ensure that hygiene and food safety standards are met in accordance with applicable laws.

Disclaimer of warranties, limitation of liability, and Indemnification

1. Disclaimer of Warranties

ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". ZOOFOOD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("ZOOFOOD PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING MOBILE APPS, AND YOUR USE OF THEM. To the fullest extent permitted by applicable law, THE ZOOFOOD PARTIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THAT THE SERVICES HAVE BEEN OR WILL BE PROVIDED WITH DUE SKILL, CARE, AND DILIGENCE AND ASSUME NO LIABILITY FOR ANY (I) CONTENT ERRORS, MISTAKES, OR INACCURACIES, (II) ANY PERSONAL HARM OR PROPERTY DAMAGE, OF ANY KIND, RESULTING FROM YOUR USE OF THE SERVICES OR ACCESS TO THEM, (III) ANY UNAUTHORIZED USE OF OUR SERVERS, ACCESS TO, OR PERSONAL INFORMATION STORED THEREIN (IV) ANY PERIOD OF TRANSMISSION INTERRUPTION OR CEASE TO TRANSMIT TO OR FROM THE SERVICES, ANY TROJAN HORSES, BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY, (VI) ANY DATA OR CONTENT LOSS FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. THE ZOOFOOD PARTIES WILL NOT PARTICIPATE IN OR OTHERWISE BE RESPONSIBLE FOR SUPERVISING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PRODUCT OR SERVICE PROVIDERS. AS A RESULT OF YOUR USE OF THE SERVICES, YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PEOPLE WITH WHOM YOU COMMUNICATE OR INTERACT. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM ZOOFOOD OR VIA OR FROM THE SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THE TERMS. IF YOU USE ZOOFOOD'S SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY TRADE MARKS, SERVICE MARKS, TRADE NAMES, OR LOGOS OF ANY COMPANY OR ORGANIZATION UNLESS YOU HAVE BEEN SPECIFICALLY AUTHORIZED TO DO SO BY ZOOFOOD. THIS AGREEMENT DOES NOT ALLOW YOU TO USE THESE TRADEMARKS, SERVICE MARKS, TRADE NAMES, OR LOGOS IN A WAY THAT MIGHT CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF THOSE TRADEMARKS, NAMES, OR LOGOS.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ZOOFOOD PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL HARM OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED USE OF OUR SERVERS, ACCESS TO, OR PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY DELAY OR CEASE IN TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY TROJAN HORSES, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) IF YOU LOSE ANY OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE YOU SUFFER IN THE EVENT THAT YOU USE ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, INCLUDING ANY LOSS OR DAMAGE YOU MAY CONSUIR, WHETHER OR NOT ZOOFOOD PARTIES HAVE TOLD YOU OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) INFORMATION DISCLOSURE PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR IMPLICATION OF NOT MAINTAINING YOUR PASSWORD OR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL, AND/OR (X) INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE YOU MAY INCUR, INCLUDING ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF RELIANCE YOU PLACED ON ANY ADVERTISING, OR AS a RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, OR AS A RESULT OF DELAYS OR FAILURES BEYOND ZOOFOOD'S REASONABLE CONTROD CAN CONTROD. THE ZOOFOOD PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXORBITANT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OR THE LEGAL THEORY USED. INCLUDING, BUT NOT LIMITED TO, ANY LOSING PROFIT (DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, PROCURING SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES.

Indemnification

You consent to indemnify, defend, and hold the Zoofood Parties harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) sustained or reasonably incurred by us arising out of, or in connection with (i) Your Content, (ii) your misuse of the Services, or of any goods or services offered or advertised through the Services; (iii) your use of the Services; (iv) your access to them; and (v) your violation of any third-party rights; or (v) your violation of these terms, which may include—but is not limited to—any infringement on your part of another party's copyright or intellectual property rights. We reserve the sole right to resolve, negotiate, and pay any and all claims or causes of action that are made against us without your prior approval. You agree to assist us in defending against these allegations, and we reserve the right to take exclusive charge of the defense and management of any issue for which you are required to hold us harmless at your expense. Without first receiving our explicit approval, you agree not to resolve any case in which we are listed as a defendant and/or for which you are obligated to provide indemnification. As soon as we become aware of any such claim, action, or proceeding, we will make a reasonable attempt to tell you.

Termination of your access to the services

1. By contacting us through the "Contact Us" link at the bottom of every page, or by following these steps, you can delete your account at any time: You can stop using the Services by clicking the "Delete Account" button under Profile > Settings > Security.

2. If you violate these Terms or do not use the Services, we may terminate your use of the Services and deny you access to the Services. In the event your access to the Services is terminated without notice to you, you acknowledge and agree that we may immediately deactivate or delete your account and any associated information, and/or bar any further access to your account or to the Services. All data collected from your use of the Services may be retained by us, in our sole discretion, if you violate these Terms. We will not be liable to you or to any third party if we discontinue or terminate your access to the Services.

General terms

1. Interpretation:

These Terms include section and subject headings for reference only and shall not be interpreted in any way.

2. Entire Agreement and Waiver:

Together with the 'Privacy Policy' and 'Guidelines and Policies,' the Terms constitute the entire agreement between you and us. We shall not waive any right, power, or privilege under the Terms or accept any variation of the Terms by failing or delaying to exercise such right, power or privilege, and no single, partial exercise of any right, power, or privilege by either party precludes further exercise of that right or any other right, power or privilege.

3. Severability:

If a court finds any term of these Terms to be unconstitutional, invalid, or otherwise unenforceable, that provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect.

4. Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Zoofood. You shall have no authority to bind Zoofood in any form or manner, whatsoever.

5. Governing Law/Waiver:

(a) For Customers residing in India: The laws of India shall govern these Terms. Any dispute arising under these terms shall be decided exclusively by the courts of New Delhi.

(b) For all Customers: ANY LEGAL ACTION YOU MAY TAKE AGAINST US MUST BE FILED WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM FIRST OCCURS. NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY, FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE. ANY FAILURE ON OUR PART TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT DURING THIS TIME PERIOD SHALL NOT BE DEEMED A WAIVER OF THAT RIGHT OR PROVISION.

6. Carrier Rates may Apply:

You might be charged by your Internet or mobile service provider for using a mobile or other device to access the Services; if you're unsure, check with them first. You'll be solely responsible for paying any fees that are incurred.

7. Linking and Framing:

You cannot use the Services in frames. You are permitted to link to the Services as long as you acknowledge and agree that you won't use a link to take users away from websites that contain inappropriate, offensive, defamatory, infringement-causing, obscene, indecent, or illegal topics, names, materials, or information or that violate any intellectual property, proprietary, privacy, or publicity rights. We reserve the right to promptly terminate your usage of and access to the Services for any breach of this clause.

Notice of copyright infringement

Zoofood is not responsible for any copyright violations brought on by content put on, transmitted through, or marketed on the Zoofood Platform by customers, partners, or other third parties. We uphold others' intellectual property rights, and anybody using the Services is expected to do the same. In the correct situations and at our discretion, we may remove or restrict access to content on the Services that violates another person's copyright. Additionally, we have the right to delete or block any links that point to a website that engages in illegal behavior. If any Service users regularly violate the rights of third parties, we reserve the right to, in our sole discretion, discontinue their access to the Services. You must follow the steps outlined below to submit a notification if you think that content found in the Services has violated your copyright or is doing so:

i) Describe in writing the allegedly infringing work that is protected by copyright;

ii) Provide sufficient details that permit a reasonable identification of the location of the allegedly infringing material (for instance, the user name of the alleged infringer and the business listing it is posted under); Identify in writing the content on the Services that you claim violates third-party intellectual property rights;

iii) Please also include the following statement: "I believe the above-described use of the content on the Services infringes the rights of the copyright owner or the law."

iv) Include the following sentence in your notice: "I swear under penalty of perjury that the information in my notice is accurate and that I am the copyright owner or have the authority to act on the copyright owner's behalf."

v) Include your contact information, including your address, telephone number, and e-mail address (if available);

vi) You must provide a physical or electronic signature;

vii) Please send a written communication to info@zoofood.in.

Any misrepresentation on a takedown notice may expose you to liability.

ZOO FOODS TERMS AND CONDITIONS FOR DELIVERY PARTNERS

Welcome to the Zoofood Family, we are more than delighted to have you on board with us. Together we can help each other to grow and build an empire. Zoofood values its employees and understands the expectations by each one of you while deciding to come on board. We shall try our best to create a healthy growing environment in order to fulfil those needs.

The document is an electronic record as described in the Information Technology Act, 2000 and the rules issued thereunder, as well as in various statutes amended by the Act. The purpose of this document is to comply with Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which requires the publication of the Zoofood website and Zoofood mobile and handheld application's terms and regulations, privacy policies, and Terms of Use.

These Terms of Use (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Zoofood website https://zoofood.in (the "Site") and any related mobile or software applications ("Zoofood Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

Please ensure that you read and understand all these terms & conditions before you use the service of the Zoofood Delivery partner platform. Your agreement to the terms & conditions shall operate as a binding agreement between you and Zoofood delivery partner in respect of the services of the Zoofood Delivery Partner platform.

At any time, Zoofood Delivery Partner may change, modify, add, or remove this Terms & Conditions, in part or in whole, without prior notice to the DP platform user. It is the responsibility of the user to assure that he/she is up to date regarding the terms and conditions of the platform, under no circumstances shall zoo food be held liable for any shortfall for any information by the user.

Upon clicking the ‘I ACCEPT’ button, you are verifying that you are aware of these terms and if you continue to use the Zoofood delivery partner platform following changes, you are accepting these changes. If You comply with these Terms & Conditions, Zoofood delivery partner platform grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the Zoofood delivery partner Platform.

DEFINITIONS

As per these terms and conditions certain words are defined as in under

PARTNER WITH US

By enlisting themselves on Zoofood as a delivery partner, you are now a part of the Zoofood family, and we look forward to working with you.

To become an authorised delivery agent with Zoofood there are some simple steps which are to be followed by the candidate:

Zoofood may from time to time approve a profile of a candidate but not employee such candidate immediately at the company, due to lack of vacancy in job position and keep such candidate on the waiting list to offer such position as and when such vacancy is created. The candidates shortlisted shall be recruited according to their number in the waiting list.

Zoofood also reserves the right to enter into agreement with some delivery logistic teams in order to recruit such delivery partners.

GENERAL TERMS

Listed below are some basic and general terms and conditions to be followed by the delivery partner:

WORKING HOURS

The minimum working hours in a week for each delivery partner shall be 35 hours a week. The delivery partner shall acknowledge such flexible timing and not take undue advantage of the same. The Delivery Partner acknowledges that he/she has flexible timings and can choose to log-in the Zoofood Delivery Partner anytime he/she wants and for however long he/she wants, at his/her sole discretion. Zoofood Delivery Partner shall supervise the actions and conduct of the Delivery Partners.

While logged in the Delivery partner must accept a continuous delivery from time to time to ensure that there is no undue advantage taken by the delivery partner to defraud the company. Zoofood Delivery Partner support team will be able to answer any queries and questions raised by the Delivery Partner, including but not limited to how to pick up an order from a restaurant/merchant outlet, directions to the delivery address, and ways to store and keep food and beverages while in transit.

BENEFITS

DELIVERY PARTNER VEHICLE

DELIVERY OBLIGATIONS

ONBOARDING WITH US

On agreeing to Onboard with us as a Zoofood Executive you will be bound by the terms and conditions of this Agreement and the agreement signed between Zoofood and you. Zoofood may ask a minimum amount as security fee from the delivery partner to indemnify itself from the loss caused by the executive. Such Security fees shall be minimal in nature and agreed between both the parties. On termination of the employment after deduction of reasonable expenses, if any, zoofood warrants to reimburse the same to the delivery partner.

TERMINATION

Zoofood reserves all such rights to terminate the employee in accordance with the above terms and conditions for any time or reason as stated in this terms and conditions sheet, On such occasion the account of the delivery Partner is blocked through the portal and he is not able to access any information regarding the zoo platform thereafter:

Zoofood DP reserves the right to terminate these Terms & Conditions and the Agreement with immediate effect, without prejudice to the generality of the foregoing clauses:

INDEMNIFICATION

Parties shall indemnify the other party against all claims, demand and loss caused due to breach of agreement up to the extent of actual loss caused, legal and other expenses. Delivery Partner agrees and undertake to indemnify and to hold harmless the Zoofood platform and its affiliates in case of:

SPECIFIC INDEMNITY

Delivery Partners are solely responsible for all accidents/incidents involving their vehicles while providing Delivery Services. As a result, Zoofood DP shall not be liable for any such accidents/incidents.

CONFIDENTIALITY

Whenever Confidential Information is procured, it will always be kept confidential and used only to provide delivery services.

As a Delivery Partner, you acknowledge that your DP profile contains sensitive information about your company. The sign-in details, including your Delivery Partner's name, email address, phone number, and password, are confidential and should not be shared with anyone else. Leaking of such information intentionally or unintentionally will be the liability of the delivery partner and he can be penalized for the same.

SET-OFF

Aside from any other legal or equitable remedies, Zoofood DP may, at any time, without prior notice to the Delivery Partner, set off any liability of the Delivery Partner to Zoofood DP against any liability of Zoofood DP to the Delivery Partner, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Agreement or these T&C.

FORCE MAJEURE

In no event shall either Party be liable to the other for any delay in performing or non-performing any of its obligations under the Agreement, caused by an event or occurrence beyond its control (a Force Majeure Event) which means acts of God, natural disasters, acts of civil or military authority, government priorities, fire, floods, epidemics, quarantine, energy crises, strikes, wars, riots, terrorist acts or accidents. The Party having any such cause shall promptly notify the other Party of the nature of such cause and the expected delay.

GOVERNING LAWS

This Agreement shall be governed by, construed and enforced solely and exclusively in accordance with the laws of the Union of India, court of Union of Delhi, without reference to conflict of law principles. There can be no amendment to this Agreement unless both parties sign a written amendment.

JURISDICTION

In case of any civil dispute, the parties hereby agree that courts/ tribunal/ forums of Union of Delhi would have jurisdiction to entertain the matter.

ARBITRATION

REACH OUT TO US

We are happy to help. In case of any queries or clarification required by you with regards to these terms and conditions you can always reach out to us at _____________(Email ID) Our executive support team shall revert back to you over call or email as fast as possible.

Contact Us:

1. Details of the Company

2. Grievance Redressal Mechanism:

i. Customer Care Channels

● You can initially contact us via chat support on the Zoofood app for immediate assistance with any order-related issues.

● You can send us an email at info@zoofood.in, and we'll do our best to address your order-related complaint within the timeframes required by the relevant laws.

● You will be given a special ticket number to track the status of any complaints submitted to info@zoofood.in.

● If chat support and info@zoofood.in, as the case may be, do not provide you with a satisfactory response, you may escalate the issue to our Grievance Officer by referencing the ticket number generated from info@zoofood.in, and we will address your concern within an estimated time frame of forty-eight (48) hours.

ii) Details of the Grievance Officer

Please note: By phone, mail, or any other means, Zoofood never asks for private information like an OTP, CVV, PIN, or card number. Please don't give these details to con artists and spoof callers claiming to be from Zoofood. Such shady activity can be reported to info@zoofood.in.