Terms & Conditions – Consumer App

TERMS OF SERVICE

The customer agrees and acknowledges that the use of the “ZataakSe Mobile Application (hereinafter also referred to as the “Mobile App”, “App” or “Application”) is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained in this Application is for general information purposes only. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this App.
Through this Application you may be directed to other external applications or websites which are not under the control of ZataakSe. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Application up and running smoothly. However, ZataakSe takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond our control.

TERMS AND CONDITIONS

These terms and conditions (the “Terms of Use”) govern your use of our “ZataakSe” application for mobile and handheld devices (hereinafter also referred to as the “Mobile App”, “App”, “Platform” or “Application”). Please read these Terms of Use carefully before you use the services. By signing in to our App, you confirm that you agree with the terms and conditions and terms of use of the App. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with ZataakSe and you signify your acceptance to these Terms of Use and other ZataakSe policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button or inserting the One-time password (OTP) sent to your registered mobile number, You are consenting to be bound by these Terms of Use.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS OF USE BEFORE YOU USE THE PLATFORM. YOUR AGREEMENT TO THESE TERMS OF USE SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND ZATAAKSE IN RESPECT OF THE USE AND SERVICES OF THE PLATFORM.

The Platform is owned and operated by Zataakse Technology Solutions Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at______________________. For the purpose of these Terms of Use, wherever the context so requires, “you”, “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any mobile or handheld device. The terms “ZataakSe”, “Company”, “we”, “us” or “our” shall mean Zataakse Technology Solutions Private Limited.
ZataakSe enables transactions on its Platform between participating restaurants/merchants and User, dealing in (a) prepared and / or packaged foods and beverages, (b) consumer goods, and (c) other products and services as described on the Platform (“Platform Services“). The User can choose and place orders (“Orders“) from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries and grocery stores (“Merchant/s“), on the Platform. ZataakSe enables delivery of such Orders / Deliveries at select localities of serviceable cities across India (“Delivery Services“) by connecting the User with the Merchants, who will be responsible for delivery services for the Orders placed by the Users on the Platform. The Platform Services and Delivery Services are collectively referred to as “Services“. For both Platform Services and Delivery Services, ZataakSe is merely acting as an intermediary between the Merchants and Users. The person delivering the orders and services on behalf of the Merchant is hereinafter referred to as the “pick up and delivery partner”, “PDP” or “the Delivery Partner”.
Merchants are individual entrepreneurs engaged with ZaatakSe on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. ZaatakSe does not exercise control over the Merchants or the PDPs and the relationship between the Merchants and PDPs and the relationships between the Merchants and ZataakSe or the PDP and Zatakse are not that of an agent and principal or employee and employer.
For placing the orders and delivery services, Merchants may charge the users of the Platform, a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

ELIGIBILITY

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use/access the Platform. However, if you are a minor, i.e. under the age of 18 years, you may use/access the Platform under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.
The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Platform, if: (i) it is discovered or brought to our notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) the Company has reason to believe (including through evaluating usage patterns) that you may breach the terms of this User Agreement.
In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/predetermined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.

REGISTRATION

Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by ZaatakSe at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the ZataakSe Services and connect with Merchants on the Platform. A User’s ability to continue using the Platform and ZataakSe Services is subject to their continued maintenance of an Account on the Platform.
In order to use the Platform and avail the ZataakSe Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account”). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided. The information supplied by you will be subjected to the privacy policy which you may find here.
Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that ZataakSe has not independently verified the information and ZataakSe shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or ZataakSe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZataakSe reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time.
Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to (i) immediately notify ZataakSe of any unauthorized use of their Account, related information or any other breach of security, and (ii) ensure that they exit from their Account at the end of each session. ZataakSe cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by ZataakSe or any other User of or visitor to the Platform due to authorized or unauthorized use of their Account as a result of User failure in keeping their Account information secure and confidential. Use of another User’s Account information is expressly prohibited.
ZataakSe shall use User location-based information that is captured by ZataakSe through the global positioning system when they use their mobile device or computer to request a ZataakSe Service on the Platform. Such location-based information shall be used by ZataakSe only to facilitate and improve the ZataakSe Services being offered to Users.
In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. ZataakSe reserves the full discretion to suspend a User’s Account in the above event and does not have the obligation/liability to share any Account information whatsoever.

AMENDMENTS

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other ZataakSe policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other ZataakSe policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other ZataakSe policies. As long as you comply with these Terms of Use, ZataakSe grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and ZataakSe policies as may be posted on the Platform from time to time.

SERVICES OVERVIEW

The Application is a platform for domestic consumers to transact with third party sellers, who have granted access to the Platform to display and offer products for sale through the Platform. For abundant clarity, the Company does not provide any services to users other than providing a platform to transact at their own cost and risk, and other services as may be specifically notified in writing.
The Company is not and cannot be a party to any transaction between you and the third-party sellers and merchants, or have any control, involvement or influence over the products purchased by you from such third-party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products displayed on the Platform. Services on the Platform are available to only select geographies in India, and are subject to restrictions based on business hours and days of third-party sellers.
Transactions through the Platform may be subject to a delivery charge. You will be informed of such delivery charges at the stage of check-out for a transaction through the Platform. Transactions through the Platform may be subject to a convenience and safety fee. You will be informed of such convenience and safety fee at the stage of check-out for a transaction through the Platform. By proceeding with the transaction, you agree to pay the transaction fee or convenience or safety fee, if any.
The Products/services displayed on the Platform are dependent on the availability of Merchants at the time of the transaction and also availability of selected merchandise or products with the Merchant.
ZataakSe may, at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the ZataakSe Services from time to time, and at its sole discretion. ZataakSe does not provide any guarantee that the ZaatakSe Services will be made available to Users at all times.
Further, Users hereby agree and acknowledge that ZataakSe shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their Items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/services/products being provided by the Merchants through their designated Delivery Partners.
Users hereby acknowledge that ZataakSe shall not be liable for any damages of any kind arising from their use of the ZataakSe Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages. The products offered on the Platform are neither manufactured nor produced by ZataakSe.
When required by ZataakSe or under applicable law, Users agree to provide as much information as possible on the Platform with respect to the Items or ZataakSe Services sought to be purchased or availed of on the Platform. ZataakSe shall be entitled at any time without giving any reason, to terminate User requests for any ZataakSe Service, provided however that ZataakSe shall make best efforts where prudent to inform Users regarding such cancellations and the reasons for the same.
ZataakSe will not perform any ZataakSe Services that may result in any act that is immoral/unethical/unlawful/banned either under applicable law, ZataakSe’s Policies (defined below) or at the sole discretion of ZataakSe. ZataakSe may also refuse to perform any task on the grounds that such task is prohibited under any contract to which ZataakSe is a party.
The User understands and acknowledges that ZataakSe by itself does not sell or provide any Items. ZataakSe is not responsible for the quality, merchantability or fitness of the Items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact ZataakSe support for routing your grievances to the Merchant through the Platform.
Users shall intimate any complaints with respect to any ZataakSe Services within 24 (twenty four) hours of using such ZataakSe Services.
ZataakSe Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages (except as specifically provided) or any intoxicant or narcotics and psychotropic substances.
ZataakSe shall not be responsible for the services provided by PDP to Merchants and Buyers through the Platform.
ZaatakSe does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. ZataakSe takes no responsibility for such offers.
ZataakSe neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. ZataakSe accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
ZataakSe does not make any representation or warranty with respect to any aspect of the services being provided by the Merchant through the Platform including but not limited to pick up and delivery services.
ZataakSe is not responsible for any non-performance or breach of any contract entered into between User and Merchants, and between Merchants/User and PDP on the Platform. ZataakSe cannot and does not guarantee that the User, Merchants and PDPs will perform any transaction concluded on the Platform. ZataakSe is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
ZataakSe is operating an online Platform and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall ZataakSe hold any right, title or interest over the products nor shall ZataakSe have any obligations or liabilities in respect of such contract entered into between User and Merchant.
It is agreed and understood that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the User. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, ZataakSe shall notify the same to Merchant. The Merchant shall be solely liable for redressing Buyer complaints. In the event you raise any complaint with any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
ZataakSe does not provide any pick-up and delivery services with respect to the Orders placed by Buyers on the Platform as it is merely facilitating an online marketplace connecting the Merchants with the Buyers through the Platform. In case of complaints by the Buyers for deficiency or lapse in the delivery services provided by Merchant, ZataakSe shall notify the same to the Merchant and also assist the /Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

ZATAAKSE – USE OF THE WEBSITE AND APPLICATION (ANDROID AND IOS)

By proceeding to register on the ZataakSe App and, you agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

belongs to another person and which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading or misrepresentative in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, ZataakSe’s prior written consent means a communication coming from ZataakSe’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
may harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘ZataakSe’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ZataakSe or Merchant on platform or otherwise tarnish or dilute any ZataakSe’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ZataakSe’s systems or networks, or any systems or networks connected to ZataakSe.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You agree not to pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of ZataakSe and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. ZataakSe shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the platform and in your private messages. Please be advised that such Content posted does not necessarily reflect ZataakSe views. In no event shall ZataakSe assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
ZataakSe shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts, or any other such actions, without our prior consent or a mutual legal agreement.
ZataakSe reserves the right to update the Platform or any part thereof at any time at its sole discretion, without notice to You.

PAYMENT TERMS

Users shall pay such amount as may be indicated on the Platform with respect to the goods purchased or service availed of by the User from the Merchant on the ZataakSe Platform. Users may be charged a separate convenience fee (“Convenience Fees”). The Service Fees shall be paid at the time of availing any of the respective ZataakSe Services.
The User agrees that the payment of such fees or amounts as may be indicated on the ZataakSe Platform will be paid by the User directly to the Merchant. ZataakSe does not accept payment directly from the User.
Users agree that the ZataakSe Platform may use certain third-party vendors and service providers, including payment gateways or UPI services, to process the payments made by Users to the Merchant.
It is agreed and understood that the ZataakSe Platform does not provide ‘Cash on Delivery’ facility to the User. All payments shall be made by the User through UPI or online / electronic payment modes.

ORDER BOOKING AND FINANCIAL TERMS

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, the Orders will be delivered by the Merchant through its dedicated PDPs. ZataakSe does not facilitate delivery of goods or services by the Merchant.
ZataakSe does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants..
Upon User’s successful completion of booking an Order, we may call the User on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention. The User represents that all the information provided by the User to ZataakSe is correct and accurate, and ZataakSe shall not be responsible in any manner for any defaults that may arise on account of incorrect and inaccurate information shared by the User with ZataakSe.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that ZataakSe reserves the right not to process your Order in the event either you or the Merchant is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Deliveries on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking or any recognised unified payments interface application and (ii) any other RBI approved payment method at the time of booking an Order. You understand, accept and agree that the payment facility provided by ZataakSe is neither a banking nor financial service but is merely a facilitator providing an electronic automated online electronic payment facility whereby the User makes payment directly to the Merchant. ZataakSe is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. It is clarified that the User does not make any payments directly to ZataakSe. Buyers acknowledge and agree that ZataakSe does not act as the Merchant’s payment agent for any purpose including the purpose of accepting payments from Buyer. Payment is made directly by the Buyer to the Merchant, through the payment gateway over which ZataakSe exercises no control whatsoever. Upon your payment of amounts to the Merchant, your payment obligation to the Merchant for such amounts is completed.
Buyer agrees to pay for the total amount for the Order placed on the Platform. ZataakSe will facilitate payment of the total amount by the Buyer to the Merchant through third-party banking channels or payment gateways approved by the Reserve Bank of India in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of products for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her/their bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with Buyer’s Order, he/she/they will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. You agree to pay us for the Order placed by you on the Platform, in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If the Buyer is directed to our third-party payment processor, he/she/they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
The final tax bill will be issued by the Merchant to the Buyer along with the Order. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill shall be charged and determined by the Merchant. ZataakSe holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing Order due to Merchant changing the menu price or the listing price of the product without due intimation and such change of price are at the sole discretion of the Merchant and may be attributable to various factors beyond control and ZataakSe disclaims all liability in connection therewith.
The prices on any product(s) as reflected on the Platform may, due to some technical issue, typographical error or incorrect product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer’s Order(s).
The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall ZataakSe be responsible for any defect in the products or goods supplied by the Merchant.
The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer, therefore, ZataakSe is not liable to charge or deposit any taxes applicable on such transactions.

CANCELLATIONS AND REFUNDS

The Buyer agrees and acknowledges that ZataakSe shall not be responsible for or if:

The services or goods provided by the Merchants;
The Merchant’s services or goods, or services provided by Merchant or their PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/her;
The availability or unavailability of certain items on the menu;
Closure of the Merchant’s outlet;
The designated address provided by Users is outside the service zone of the Merchant;
There is no User response via phone or any other communication channel at the time of confirmation of the order booking;
The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use;
The User is not physically present or is unreachable once the Merchant/Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes;
The real time locational information provided by the User is incorrect, inaccurate, or at that time, unserviceable;
Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction;
any Item or product is not in stock with the Merchant;

The Merchant sends an incorrect Order or items; or
Product liability of goods provided by Merchants.

The details of the products and price list(s) available on the Platform with respect to restaurant services, goods or any other services are based on the information provided by the Merchants and ZataakSe shall not be responsible for any change or cancellation or unavailability.
Buyers agree and acknowledge that ZataakSe is not responsible for any liability arising out of delivery services provided by the Merchant to them.
Buyers may not be able to avail Services if their delivery location is outside ZataakSe’s current scope of Service. ZataakSe will keep the Buyer informed of the same at the time of confirming his/her Order booking.
Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from the User and Merchants. ZataakSe will not be responsible for any delay in the delivery of an Order.
Buyer understands that the Merchants undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. ZataakSe exercises no control on such delivery services and same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. ZataakSe shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.
The order will be only delivered on the basis of the locational information provided by the User at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any inaccuracy or error of the address as informed by the Buyer and the Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the Merchant or at the sole discretion of ZataakSe.
The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
The Buyer understands that ZataakSe’s (including Merchant’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists.
Services provided: You agree and acknowledge that ZataakSe shall not be liable in the event you have failed to adhere to the Terms of Use. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her/their own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
ZataakSe does not offer any refunds against goods already purchased from a Merchant through the Platform unless an error that is directly attributable to ZataakSe has occurred during the purchase of such product or services and unless such error is immediately communicated to ZataakSe and such error, upon verification, is found to be attributable to ZataakSe.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants.

NO ENDORSEMENT

We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm your purported identity.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of the Merchant(s) or other third parties will be limited to a claim against the particular Merchant or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

INTELLECTUAL PROPERTY RIGHTS

The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by ZataakSe (“ZataakSe Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such ZataakSe Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use ZataakSe Property without the prior written consent of ZataakSe.
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of ZataakSe, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use the Marks without the prior consent of ZataakSe or such third party as may be applicable.
If any User believes the Platform violates their intellectual property, such User must promptly notify ZataakSe in writing at (Helpline/legal Email). These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf, along with documentation supporting their claim. However, any false claim by a User may result in the termination of such User’s access to the Platform. Users are required to provide the following details in their notice:
1. the intellectual property that the User believes is being infringed;
2. the item that the User think is infringing and include sufficient information about where the material is located on the Platform;
3. a statement that the User believes in good faith that the item the User has identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
4. the User’s contact details, such as the User’s address, telephone number, and/or email; and
5. a statement that the information provided in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed.

COMMUNICATION WITH THE COMPANY

If you wish to correct or update any information you have provided, you may do so online, on the Application itself. Alternatively, you may contact the Company to correct or update such information by sending an email to: _________________
In the event of loss of access to the Application, you may contact the Company by sending an email to:______________________
The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or instant messaging platforms from ZataakSe, or other third parties. The User can unsubscribe/ opt-out from receiving communications through SMS, instant messaging platforms and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of the ZataakSe Service. In the event the User opts-out from receiving information or communications from ZataakSe, ZataakSe shall not be responsible on account of any loss or damage arising out of or that may be occasioned therefrom.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Grievance Officer:
Designation: Email:

INDEMNIFICATION AND LIMITATION OF LIABILITY

Users agree to indemnify, defend and hold harmless ZataakSe and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by Users pursuant to these Terms of Use. Further, Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, ZataakSe Services, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another, including any intellectual property rights.
In no event shall the Indemnitees be liable to Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with their use of or access to the Platform or ZataakSe Services on the Platform.
Users indemnification obligation under the Terms of Use will survive the termination of their Account or use of the Platform or ZataakSe Services.
The Platform and the ZataakSe Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and ZataakSe shall not be liable for the same, whatsoever.

VIOLATION OF THE TERMS OF USE

Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ZataakSe, as the case may be, for which monetary damages would be inadequate, and Users consent to the ZataakSe obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the ZataakSe may have at law or in equity. If ZataakSe takes any legal action against Users as a result of their violation of these Terms of Use, ZataakSe is entitled to recover from Users, and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

ADDITIONAL TERMS

ZataakSe may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies”). These Policies shall form a part of these Terms of Use, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms.

LINK TO THIRD PARTIES

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). ZataakSe shall not be responsible for examining or evaluating such third party websites, and ZataakSe does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. ZataakSe does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third-party websites. If Users decide to access any such linked third party website, they do so at their own risk.

TERM AND TERMINATION

These Terms of Use will continue to apply until terminated by either the User or ZataakSe as set forth below:

If the User objects to the Terms of Use or are dissatisfied with the Platform or ZataakSe Services, they can (i) close their Account through the Platform or by writing to (_____________ID); and (ii) stop accessing the Platform.
ZataakSe may, in its sole discretion, bar any User’s use of the Platform or the ZataakSe Services at any time, for any or no reason. Even after an Account with ZataakSe is disabled, made dormant or inactive, these Users shall remain liable for all their uncleared dues with respect to the Merchant Services.
ZataakSe may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until ZataakSe chooses to terminate them.
Users hereby agree and acknowledge, upon termination, ZataakSe shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform.

GOVERNING LAW AND JURISDICTION
1. The User Agreement and these terms and conditions shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
2. Courts at Mumbai shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
REPORT ABUSE
1. In the event Users come across any abuse or violation of these Terms of Use or if they become aware of any objectionable content on the Platform, they can report the same to the following e-mail id: ____________
2. In case Users have any queries with respect to these Terms of Use or the ZataakSe Services, please write to __________ (Email Id).
GENERAL
1. Amendments: ZataakSe reserves the unconditional right to modify or amend this Terms of Use , Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.
2. Notice: All notices from ZataakSe will be served by email to the User’s registered email address or by general notification on the Platform.
3. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. ZataakSe’s rights under the Terms of Use are freely transferable by ZataakSe to any third party without the requirement of informing the User or seeking their consent.
4. Severability: If, for any reason, a court of Mumbai jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
5. Waiver: Any failure by ZataakSe to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by ZataakSe of that provision or right.
6. Integration: These Terms of Use together with ZataakSe’s Privacy Policy and Policies and any other legal notices, communications published by ZataakSe on its Platform, and any other agreements executed between the User and ZataakSe shall constitute the entire agreement between the User and ZataakSe concerning its Platform, ZataakSe Services and governs the User’s use of the Platform and ZataakSe Service, superseding any prior agreements between the User and ZataakSe with respect to the Platform and ZataakSe Services.

XXIII. PURCHASE SERVICES POLICY

General Terms and Conditions
1. Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Purchase Services.
2. In case of Purchase Services, it is the duty of the Tied-up Merchants to share an updated Item list along with its prices on the Platform. ZataakSe shall not be responsible for any inaccurate Item listing on the Platform. Further, Users agree and acknowledge that it may not be possible for the Tied-up Merchants to list out the exact price or prices of certain Items (including those that are perishable in nature) on the Platform.

The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.
Users are aware of the items to be transported through a Delivery Task, and that Delivery Tasks cannot be initiated , for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances.
Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
Upon becoming aware of the commission any offence or intention to commit any offence during a Delivery Task, Delivery Partners may report such information to the law enforcement authorities.
Payments

While availing Delivery Service, Users shall pay the purchase price of the User Items through the Platform, as may be communicated by the Delivery Partner on behalf Merchant. Only upon processing such an agreed amount via Platform, shall the Delivery Partner purchase the User Items and complete the Delivery Service.

Cancellations

Delivery Tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.

GENERAL DISCLAIMERS, REPRESNTATIONS AND WARRANTIES

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
YOU ARE ACCESSING THE SERVICES MADE AVAILABLE BY THE COMPANY AND TRANSACTING AT YOUR SOLE RISK AND ARE USING YOUR BEST AND PRUDENT JUDGEMENT BEFORE ENTERING ANY TRANSACTION THROUGH THE PLATFORM.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU WILL PROVIDE AUTHENTIC AND TRUE INFORMATION IN ALL INSTANCES WHERE ANY INFORMATION IS REQUESTED OF YOU. ZATAAKSE RESERVES THE RIGHT TO CONFIRM AND VALIDATE THE INFORMATION AND OTHER DETAILS PROVIDED BY YOU AT ANY POINT OF TIME.
ZATAAKSE IS NOT A RETAIL STORE, RESTAURANT, FOOD DELIVERY SERVICE, MERCHANDISE DELIVERY SERVICE, A COURIER OR SHIPPING SERVICE OR FOOD PREPARATION ENTITY. ZATAAKSE OPERATES AN ONLINE MARKETPLACE AND DOES NOT AT ANY POINT OF TIME DURING ANY TRANSACTION HOLD ANY RIGHT, TITLE OR INTEREST OVER THE ITEMS BEING TRANSPORTED PURSUANT TO ANY DELIVERY TASK.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANT’S SERVICES.
ZATAAKSE DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT.
BEFORE PLACING AN ORDER, YOU ACKNOWLEDGED TO HAVE CHECKED AND REVIEWED THE PRODUCT DESCRIPTION CAREFULLY AND IN SUFFICIENT DETAIL. BY PLACING AN ORDER ON THE PLATFORM, YOU AGREE TO BE BOUND BY THE CONDITIONS OF SALE INCLUDED IN THE ITEM’S DESCRIPTION WITHOUT EXCEPTION.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BY PLACING RELIANCE ON THE CONTENTS CONTAINED HEREIN.
THAT IN THE EVENT ANY PRODUCT DELIVERY IS DELAYED OR IS RETURNED FROM ITS DESTINATION ON YOUR ACCOUNT (E.G., PROVIDING THE WRONG NAME OR ADDRESS OR OTHER INCORRECT/MISLEADING INFORMATION), ANY ADDITIONAL COSTS INCURRED BY US FOR RE-DELIVERY OF THE PRODUCT(S) SHALL BE BORNE BY YOU.
THAT WHILE ZATAAKSE MAKES BEST ENDEAVOURS TO ENSURE THAT PRODUCTS ARE DELIVERED TO YOU WITHIN THE PERIOD REFLECTED AT THE TIME OF PLACING THE ORDER, WE DO NOT MAKE ANY REPRESENTATION, GUARANTEE OR WARRANTY IN RELATION TO THE DELIVERY TIME AS THE ESTIMATED DELIVERY TIME MAY BE CHANGED WITHOUT NOTICE AND THERE COULD BE DELAYS FOR REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY. FURTHER YOU EXTINGUISH OUR RESPONSIBILITY IF A REQUEST IS MADE BY YOU FOR UNATTENDED DELIVERY.
YOU AGREE TO USE THE SERVICES PROVIDED BY US FOR LAWFUL PURPOSES ONLY, AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WHILE USING/ACCESSING AND TRANSACTING ON THE MARKETPLACE.
IF AT ANY TIME, THE INFORMATION PROVIDED BY YOU IS FOUND TO BE FALSE OR INACCURATE (WHOLLY OR PARTLY), WE SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO REJECT REGISTRATION, CANCEL ALL ORDERS, AND DEBAR YOU FROM USING ITS SERVICES AND OTHER AFFILIATED SERVICES IN THE FUTURE WITHOUT ANY PRIOR INTIMATION WHATSOEVER, AND WITHOUT ANY LIABILITY TO YOU.
NOTWITHSTANDING THE RIGHT OF ZATAAKSE ON CANCELLATION OF THE ORDER, ANY PRODUCT IN THE ORDER MAY BE REPLACED BY US IN CASE OF UNAVAILABILITY OR FOR OTHER REASONS OUTSIDE THE CONTROL OF THE COMPANY, SUBJECT TO YOU MAY REFUSE TO ACCEPT SUCH REPLACEMENT/SUBSTITUTE PRODUCT. FOR SUCH CANCELLATIONS, THE COMPANY WILL INITIATE A REFUND, IF ANY, ON THE ORDER/PRODUCT, IF ANY, MADE BY YOU UNDER THE RELEVANT ORDER WITHIN 72 HOURS.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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