Terms of service
Last updated on November 7, 2024.
Thank you for using District.
Acceptance of terms
These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the District website and any other related mobile or software applications under the brand name ‘District’ (collectively “Platform”).
Please read these Terms carefully. By accessing or using the Platform, you are agreeing to these Terms and concluding a legally binding contract with Zomato Limited and/or its affiliates (“Zomato”/“We”/“Us”/“Our”). You may not use the Platform and/or its Services if you do not accept the Terms or are unable to be bound by the Terms.
By visiting our Platform and/or purchasing something from us, you engage in our Services and agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink on the Platform. These Terms apply to all users of the Platform, including users who are browsers, vendors, customers, merchants, and/ or contributors of content displayed on the Platform displayed on the Platform.
Your use/ access of the Platform shall be governed by these Terms and the Privacy Policy as available on the Platform (“Privacy Policy”).
These Terms may be updated from time to time without notice. It is therefore recommended that you review these Terms, as available on the Platform, each time you access and/or use the Platform. In the event there is any conflict or inconsistency between these Terms and any other terms and conditions that appear on the Platform, these Terms will prevail.
For the purposes of these Terms:
“Customer” or “You” or “Your” refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'business page' to manage claimed business listings or otherwise.
“Merchant” includes the shall mean the restaurant partners, event organisers, cinema/theatre partner, or any other third-party partner partnered with Zomato.
Services Overview
‘District’ is a platform for Customers to avail services with respect to going-out, dining, table reservations, movies, sports, events, ticketing, etc., listed by the Merchants on the Platform from time to time (“Services”). Services on the Platform are available to select geographies in India.
Eligibility
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 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 is “competent to contract” and agrees to be bound by these Terms.
If you are using the Platform on behalf of any person/ entity, you represent and warrant that you are authorized to accept these Terms on behalf of such person/ entity. Further, you and such person/ entity agree to be jointly, severally liable and indemnify us for violations of these Terms.
You agree to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third party(ies).
Account and Registration Obligations
All users must register and log in for making transactions on the Platform. You must keep your account and registration details current and correct for receiving all communications from the Platform. By agreeing to the Terms, you agree to receive promotional, transactional, commercial or other communications, and newsletters from us. You can opt out from such communications and/or newsletters by using the opt out options as available in such communications. You can also change your notification preferences as available in your profile section of the Platform.
As part of the registration process on the Platform, access and usage thereof, we may collect your personally identifiable information/ preferences, including your name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your gender, occupation, education etc.) and information about the pages on the Platform you visit/access, the links you click on the Platform, the number of times you access a particular page/feature etc. Processing of such information so collected will be done in compliance with the Privacy Policy.
By registering your mobile number with us, you provide your consent to be contacted by us directly or through a third party service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication.
Content
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data.
“Your content” or “Customer Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile.
“Our Content” means content that Zomato creates and make available in connection with the Services including visual interfaces, interactive features, graphics, design, compilation, computer code, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding your Content and Third Party Content.
“Third Party Content” means content that comes from parties other than Zomato or its customers, such as Merchants’ content.
- Ownership of our Content and Proprietary Rights
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Services and our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property for us.
- You agree to protect Zomato’s proprietary rights in the Services and to comply with all reasonable written requests made by us or any third party appointed by us including our service providers, suppliers and/or licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Zomato (or Zomato's licensors) own all legal rights, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Zomato, nothing in the Terms gives you a right to use any of Zomato's trade names, trademarks, service marks, logos, domain names, and any other distinctive brand features or intellectual property.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Zomato; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable Indian laws or the laws of the country of violation (if applicable). You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of our Content in whole or in part except as expressly authorized by Zomato.
- To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained herein.
- Your License to use our Content
- We grant you a personal, limited, non-exclusive and non-transferable license to access our Content and/or use the Services only as expressly permitted in these Terms. You shall not use the Content and/or Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use the Services, our Content or our IP Rights.
- Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
- Zomato’s License to your Content
- In consideration of availing the Services on the Platform and by submitting your Content, you hereby irrevocably grant Zomato a perpetual, irrevocable, world-wide, 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 'business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your Content brought against Zomato or its Customers, any third party services and their users.
- Your Content
- You are responsible for your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of your Content or have been granted explicit permission from the rights holder to submit your Content; your Content was not copied from or based in whole or in part on any other content, work, or website; your Content was not submitted via the use of any automated process such as a script bot; use of your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; your Content is truthful and accurate; and your Content does not violate our content guidelines and policies or any applicable laws.
- If your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
- You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Zomato.
- Content removal: We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Merchant reserves the right to delete any images and pictures forming part of Customer Content, from such Merchant's listing page at its sole discretion.
- Third Party Content and Links
- Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services, dining out, events or movies. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
- We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any goods or services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
- We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Zomato is not responsible for the availability of any such external sites or resources, and does not endorse any advertising or other materials on or available from such web sites or resources.
- Third party content, including content posted by our Customers or Merchant Partners, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
- You further acknowledge and agree that Zomato is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
- Content guidelines: You represent that you have read, understood and agreed to our content guidelines and policies as may be communicated to you on the Platform from time to time.
- Restrictions on use: Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any Content (including review) or engage in any activity that, in our sole discretion:
- Violate the content guidelines and policies;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
- Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing;
- Contains material that violates the standards of good taste or the standards of the Services;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuses others of illegal activity, or describes physical confrontations;
- Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations;
- Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Attempts to impersonate another person or entity;
- Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
- Asserts or implies that Your Content is in any way sponsored or endorsed by us;
- Contains material that is not in English or, in the case of goods or services provided in foreign languages, the language relevant to such goods or services;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another customer without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- "Hacks" or accesses without permission our proprietary or confidential records, records of another customer, or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
- Collects, accesses, or stores personal information about other customers of the Services;
- Is posted by a bot;
- Harms minors in any way;
- Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or our Content; or
- Attempts to do any of the foregoing.
- is patently false and untrue, and 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 any injury to any person;
- Customer feedback
- If you share or send any ideas, suggestions, changes or documents regarding Zomato's existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Zomato is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Zomato may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Zomato and the Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on Zomato's existing services or marketing strategies.
- Notwithstanding the above-mentioned section, Zomato or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, materials, marketing plans or new service names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Zomato or any of its employees. The purpose of this is to avoid potential misunderstandings or disputes when Zomato's services or marketing strategies might seem similar to ideas submitted to Zomato. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions. You agree that: (1) your Submissions and their Contents will automatically become the property of Zomato, without any compensation to you; (2) Zomato may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Zomato to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- The Customer can make a payment for the Invoice Amount on the Platform by using any payment method available on the 'Payment' section on the Platform.
- For the purposes of these terms, “Invoice Amount” shall mean the total amount (including applicable taxes, service charge and other charges, as may be applicable, excluding tip) set out in the bill for goods and/or services availed by a Customer at the Merchant’s premise partnered with Zomato.
- The Customer acknowledges that upon fulfillment of payment of the Invoice Amount via the Platform, the Customer will be required to show the payment confirmation to the Merchant partnered with Zomato.
- Upon making a payment for the Invoice Amount via the Platform, the Customer may be entitled to Benefits (as defined below), subject to successful payment being made by the Customer. Your access to the Benefits shall be subject to receipt of successful payments by Zomato. For the purposes of these terms, “Benefits” shall include but not be limited to either of the following: a. instant discount(s) applicable on the Bill Amount; b. additional banking partner offer(s) applicable on the final payable amount, net of other discounts (excluding tips), provided that the final payable amount meets the minimum and maximum order value criteria for a particular offer, if any, as may be decided by the bank or Merchant from time to time; c. other benefits such as scratch card or reward points as may be communicated by Zomato on the Platform from time to time.
- The Customers can make a payment for the Invoice Amount via the Platform by either scanning the QR code at the Merchant’s premise or by searching for the Merchant on the Platform and selecting pay via the Platform method as the payment method.
- The Customer will be solely responsible to pay the Merchant, the Invoice Amount along with all costs and charges payable for all the other items for which you have placed an order and which may not be covered under the Invoice Amount. In the event of a concern raised regarding the payment via the Platform, we shall use our best endeavours to assist you however such payment will be subject to verification and confirmation from the respective Merchant.
- In the event a Merchant fails to provide goods and/or services or if the Merchant provides unsatisfactory goods and/or services or in case of any other complaint or dispute raised by the Customer in relation to the goods and/or services provided by the Merchant, the Customer shall raise such disputes with Zomato following the grievance redressal channels as provided under these terms or as may be communicated on the Platform. Upon receipt of such a complaint or dispute, Zomato will make reasonable efforts to verify the facts of such complaint/ dispute with the Merchant and may at its sole discretion initiate the refund up to the Invoice Value to such Customer.
- The Customer is required to be present at the Merchant’s premises when making the payment via the Platform.
- The Customer acknowledges that the Benefits cannot be clubbed with any ongoing offers by the Merchant at the Merchant premise or on items which are being sold at maximum retail price (MRP).
- The Customer cannot make the payment via the Platform if the Customer is employed with the same Merchant.
- Zomato reserves the right to terminate / suspend any of the Benefits to the Customer, if Zomato determines in its sole discretion that: (i) the Customer has violated the terms set out herein, (ii) have been involved in activities that are in contravention of these terms and/or any Terms for the usage of Platform; or (iii) have engaged in activities which are fraudulent / suspicious / unlawful in nature while availing any of the Services.
- The Customer acknowledges that the payment via the Platform is being made available purely on a ‘best effort’ basis and availing this option is voluntary.
- Zomato reserves the right to modify the Benefits and/or these terms from time to time or at any time, modify or discontinue, temporarily or permanently, Benefits and/or these terms, with or without prior notice and the decision of Zomato shall be final and binding in this regard.
- These terms do not alter in any way the terms or conditions of any other program or arrangement the Customer may have with Zomato on the Platform.
- For any help or queries, you may reach out to us via chat support or write to us at dining@zomato.com.
- The Customer can make a request for booking/reserving a table at a Merchant, offering table reservation via the Platform and related mobile or software application and such booking will be confirmed to a Customer by email, short message service (“SMS”) and/or by any other means of communication only after the Merchant accepts and confirms the booking. The availability of a booking is determined at the time a Customer requests for a table reservation. While using the table reservation service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Zomato's terms and privacy policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a table through the table reservation service. Customer further agrees not to make more than one reservation for Customer's personal use for the same mealtime.
- Fees: Zomato may charge booking fee (“Booking Fee”) from the Customer upon availing the table reservation service. This Booking Fee shall be adjusted by the Merchant against the total bill for the items consumed by the Customer. Any balance amount remaining to be paid after deduction of the Booking Fee from the Merchant bill shall be payable by the Customer. The Customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the Customer, the amount of the Booking Fee already paid by the Customer will be applicable. The Customer may be required to furnish the payment instrument at the Merchant from which payment has been made for identification purposes.
- Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the Merchant. Zomato will use its best endeavour to keep the Customer informed of the status of the booking. A confirmed booking for which Booking Fee has been charged from a Customer, modification option will not be available, however the Customer is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these terms, Zomato shall refund the Booking Fee to the Customer within seven (7) working days from the date of such cancellation. However, Zomato reserves the right to retain the Booking Fee in the event the Customers fails to cancel the booking within the estimated timeframe mentioned herein above.
- Late Arrivals: Zomato advises the Customer to arrive ten (10) minutes in advance of the scheduled booking time. The Merchant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Zomato shall in no manner be liable for such cancellation initiated by the Merchant. Zomato hereby reserves its right to retain the Booking Fee paid by the Customers, in the event the Customer is late by more than ten (10) minutes from the scheduled booking time and/or fails to show up at the booking time at the Merchant’s premise.
- Dispute: In the event the Merchant fails to honour the confirmed booking or in case of any other complaint or dispute raised by the Customer in relation to the booking, the Customer shall raise such disputes with Zomato within thirty (30) minutes from the scheduled booking time. Upon receipt of such a complaint or dispute, Zomato will make reasonable efforts to verify the facts of such complaint/ dispute with the Merchant and may at its sole discretion initiate the refund of the Booking Fee to such Customer.
- Personal Information: Customers may be required to share certain personal information with Zomato and/or the Merchant including but not limited to their name, phone number, email address in order to avail the table reservation service and the Customer hereby permits Zomato to share such personal information with the Merchant for confirming such Customer's booking and/or such other communication relating to but not limited to the table reservation service or any promotions by the Merchant. Zomato will use these details in accordance with the Privacy Policy. Zomato will share your personal information with the Merchant for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, Zomato shall in no manner be liable for any use of your personal information by such Merchant for any purpose whatsoever.
- Additional Request: In the case of any additional request communicated by the Customer at the time of the booking, the same will be conveyed to the Merchant by Zomato and confirmed to the Customer basis Merchant's response. While Zomato will take all the care to ensure timely communication of these requests to both the Customer and the Merchant, the liability to fulfill the request lies solely with the Merchant and Zomato shall in no manner be liable if the Merchant does not honor any of the confirmed additional requests of the Customers.
- Call Recording: Zomato may contact via telephone, SMS or other electronic messaging or by email with information about the table reservation service or any feedback thereon. Any calls that may be made by Zomato, by itself or through a third party, to the Customers or the Merchant pertaining to any booking requests of a Customer may be recorded for internal training and quality purposes by Zomato or any third party appointed by Zomato.
- Liability of Zomato: Notwithstanding anything otherwise set out herein, Zomato shall in no manner be liable in any way for any in-person interactions with the Merchant as a result of the booking or for the Customer's experience at the Merchant or in the event a Merchant does not honor a confirmed booking.
- Contact Us: You may write to us at dining@zomato.com for any further queries with regard to the table reservation service.
- The Customer can make a request for booking via the Platform of the Deals (as defined below) for the Experiences (as defined below) curated and hosted by the Merchant and listed by the Merchant on the Platform and such booking will be confirmed to a Customer by registered email, SMS and/or by any other means of communication only after the Merchant accepts and confirms the booking. For the purposes of these terms, “Deals” shall mean the offerings including buffets, brunches, thalis, food and beverage packages and/or combos, party packages, vouchers, ladies night, happy hour deals, exclusive menu curation, chef tasting or any other package etc., listed and/or displayed on the Platform which allows the Customer to access the Experience(s) hosted or curated by the Merchant, from time to time. Deal(s) will be reservations in an electronic form purchased by the Customer on the Platform, which allows the Customer thereof, to access the Experience(s) hosted by the Merchant for which such reservation is generated. Any Deal(s) offered or issued offline by the Merchant directly at its premises will not be treated as Deal(s) purchased via the Platform.
“Experiences” shall include without limitation the parties, lunches, events, experiences, plays, concerts, and other entertainment related offerings, hosted or curated by the Merchant for which the Deal(s) will be listed on the Platform. - The availability of a Deal is determined at the time a Customer requests for a booking. While booking a Deal or Experience, you shall be required to provide certain details, you agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Zomato's terms and privacy policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after making such booking. Customer further agrees not to make more than one booking for Customer's personal use for the same mealtime.
- Fees: Zomato may charge a Cover Charge (as defined below) from the Customer upon availing Zomato’s services to book our purchase the Deals. “Cover Charge” shall mean the amount payable by Customer to Zomato on behalf of Merchant for booking and reserving the table for the Experience(s), purchase of deals, packages etc., listed and/or displayed on the Platform which allows the Customer to access the Experience(s) hosted or curated by the Merchant, from time to time. This Cover Charge shall be adjusted by the Merchant against the total bill for the goods or services consumed by the Customer at such Merchant’s premise. Any balance amount remaining to be paid after deduction of the Cover Charge from the Merchant bill shall be payable by the Customer. The Customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Cover Charge after the payment is made by the Customer, the amount of the Cover Charge already paid by the Customer will be applicable. The Customer may be required to furnish the payment instrument at the Merchant from which payment has been made for identification purposes.
- Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the Merchant. Zomato will use its best endeavours to keep the Customer informed of the status of the booking. A confirmed booking for which Cover Charge has been charged from a Customer, modification option will not be available, however the Customer is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these terms, Zomato shall refund the Cover Charge to the Customer within seven (7) working days from the date of such cancellation. However, Zomato reserves the right to retain the Cover Charge in the event the Customers fails to cancel the booking within the estimated timeframe mentioned herein above.
- Dispute: In the event the Merchant fails to honour the confirmed booking/Deal or in case of any other complaint or dispute raised by the Customer in relation to the booking/Deal, the Customer shall raise such disputes with Zomato within thirty (30) minutes from the scheduled booking time through chat support. Upon receipt of such a complaint or dispute, Zomato will make reasonable efforts to verify the facts of such complaint/ dispute with the Merchant and may at its sole discretion initiate the refund of the Cover Charge to such Customer.
- Personal Information: Customers may be required to share certain personal information with Zomato and/or the Merchant including but not limited to their name, phone number, email address in order to avail the offers, Deals or Experiences and the Customer hereby permits Zomato to share such personal information with the Merchant for confirming such Customer's booking and/or such other communication relating to but not limited to the offers, Deals or Experiences or any promotions by the Merchant. Zomato will use these details in accordance with the Privacy Policy published here. Zomato will share your personal information with the Merchant for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, Zomato shall in no manner be liable for any use of your personal information by such Merchant for any purpose whatsoever.
- Additional Request: In the case of any additional request communicated by the Customer at the time of the booking, the same will be conveyed to the Merchant by Zomato and confirmed to the Customer basis Merchant's response. While Zomato will take all the care to ensure timely communication of these requests to both the Customer and the Merchant, the liability to fulfill the request lies solely with the Merchant and Zomato shall in no manner be liable if the Merchant does not honor any of the confirmed additional requests of the Customers.
- Call Recording: Zomato may contact via telephone, SMS or other electronic messaging or by email with information about offers, Deals or Experiences or any feedback thereon. Any calls that may be made by Zomato, by itself or through a third party, to the Customers or the Merchant pertaining to any booking requests, offers, Deals or Experiences may be recorded for internal training and quality purposes by Zomato or any third party appointed by Zomato.
- Liability Limitation: Notwithstanding anything otherwise set out herein, Zomato shall in no manner be liable in any way for any in-person interactions with the Merchant as a result of the booking or for the Customer's experience at the Merchant’s premise or in the event a Merchant does not honor a confirmed booking, offers or Deals.
- Contact Us: You may write to us at dining@zomato.com for any further queries with regard to the offers, Deals or Experiences.
V. Provision of Services being offered by District
A. PAY VIA THE PLATFORM
Zomato provides online and mobile based payment mechanisms including third party payment gateways, credit card/debit card/net banking transfer and/or e-wallets and/or any loyalty or reward points that are available on the Platform which facilitates the Merchant to receive the Invoice Amount (as defined below) payable towards the goods and/or services availed by the Customer at Merchants’ premise. In the event a Customer makes a payment for the Invoice Amount using the payment technology facilitated by the Platform, in the city(ies) in which this service is available, following terms and conditions shall be specifically applicable to the Customers:
BOOK SERVICE/TABLE RESERVATIONS:
OFFERS / DEALS / EXPERIENCES
EVENT TERMS
- By purchasing tickets for the Event (as defined below), you agree to be bound by these Event Terms. Through the Platform, we provide to you information in relation to Events that are organized by Merchants (third-party entities) including the Event dates, venue, ticket pricing and other Event-related information, and facilitates sale of tickets to such Events. However, when you purchase a ticket for any Event, show, or content available on the Platform, you agree that for any issue or grievance under these Event Terms, your recourse shall be solely to Zomato.
For the purposes of these terms, “Event” shall include parties, plays, concerts, any other events or special packages, hosted and/or curated by Merchants , from time to time listed on the Platform. - It is clarified that terms and conditions specific to an Event in respect of which Zomato has facilitated sale of tickets through the Platform shall be published on the Event page accessible on the Platform. In the event of any conflict between the Event-related terms and conditions, and these terms, you agree that the Event-related terms and conditions shall prevail and be binding on you at all times.
- Payment Methods: We accept Visa, MasterCard, American Express, Debit Cards, International Cards via Stripe, Net Banking, Paytm Wallet, UPI, and PayU Money through the integrated ticketing system available only on the Platform. For certain events, we will also accept offline payment modes including cash / cheques only through authorised promoters, whose details will be listed on the respective event pages. If you are purchasing tickets from anywhere outside of Platform, including through any authorized promoters, it shall be completely your own responsibility to verify the genuineness of the source and authenticity of the ticket issued to you.
- Pricing, offers, availability, and seat confirmation
- Platform is a ticketing platform and sells tickets on behalf of Merchants and therefore has no control over its availability, offers, and pricing. If the Merchant announces any offer for the Event, such an offer will not apply to the tickets purchased before the announcement of the offer.
- After the payment is complete, you will receive a confirmation page or email that must be shown at the event venue to redeem your tickets.
- If you do not receive a confirmation number after submitting payment information, or if you experience an error message or service interruption after submitting payment information, please get in touch with our customer service department to confirm whether the order has been placed or not. We don’t want you to lose money in case you assume that an order was not placed because you failed to receive confirmation.
- While purchasing tickets, you are limited to a specific number of tickets you can buy per event.
- Cancellations, exchanges and refunds
- ANY TICKET PURCHASED THROUGH THEPLATFORM IS MEANT SOLELY AND EXCLUSIVELY FOR PERSONAL USE BY THE PERSON IN WHOSE NAME THE TICKET HAS BEEN ISSUED. TICKETS ARE NOT A TRANSFERABLE PROPERTY AND CANNOT BE RESOLD, TRANSFERRED OR CONVEYED TO ANY PERSON UNLESS PRIOR WRITTEN AND EXPRESS PERMISSION HAS BEEN PROVIDED BY THE MERCHANT. ANY PERSON FOUND ABUSING TICKETS FOR PERSONAL GAIN OR FOR COMMERCIAL USE SHALL BE LIABLE TO SUITABLE LEGAL PROCEEDINGS INCLUDING THOSE RELATED TO BLACK MARKETING AND FINANCIAL & CRIMINAL FRAUD.
- If Zomato or the Merchant finds that you are transferring or selling, or you had in the past transferred or sold, your tickets, including m-ticket or band, through any mode, including social media platforms, other ticketing platforms, by hand, thereby allowing any other person to access the Event without purchasing the ticket from Platform, then Zomato or the Merchant may initiate suitable legal proceedings.
- Tickets once sold cannot be exchanged, cancelled, modified, transferred, or refunded, and you shall not make any request for modifications in the ticket, including change in date, time, location, or category unless the Merchant has specified so in the Event’s terms and conditions. Please make sure you check the date, time, and location before you book Your tickets. But we’d still advise you to read the terms and conditions for each Event regarding exchange, cancellation, modification, transfer, and refund. If you wish to change or modify your ticket details, the same shall be entirely at the discretion of the Merchant.
- If an Event is cancelled and the Merchant of such Event agrees on issuing a refund for the tickets, it shall be the Merchant's responsibility to instruct Zomato to communicate and contact you and process the refund and Zomato shall have no liability in this regard. If an Event gets postponed to a later date, the Merchant at its sole discretion may give you an option to attend the Event on a rescheduled date or if you don;t wish to attend the Event you may avail a refund within a specific duration communicated to you by Zomato. Upon successfully filling the relevant details required for the refund, you will be provided a refund. Any request for refund post the expiry of duration will be solely at Merchant’s discretion. However, the booking fee charged by Zomato is non-refundable. If the Merchant informs Zomato to process the refunds on their behalf, your refunds may reflect in your account within seven (7) to ten (10) working days from the date of receiving the refund request.
- Refund Policy
- In case you have made the payment but failed to receive any email and/or SMS confirmation, then chances are that such a payment has failed. Once we have confirmed a failed order, we process refunds on our own. While we process such refunds within 3-5 days, it may take up to 7-10 working days (and sometimes more) for your financial institution to credit the amount back to your account.
- Zomato reserves the right to deny refunds for tickets purchased outside of Platform. Any decisions taken by the Merchant and Zomato will be final and binding in this regard. If you find that you have been issued fake tickets not authorized by us, then you may be a victim of fraud, for which you may consider filing appropriate police complaints/first information report at the nearest police station having jurisdiction over the area of your residence. We bear no responsibility or liability, under any law or circumstances, for such frauds committed by unauthorized third parties.
- Ticket Delivery
Email confirmation: Your booking confirmation will be sent via an email. This confirmation needs to be printed and shown at the ticket counter to get a physical ticket, if entry to the Event in respect of which such ticket has been booked is subject to presentation of a physical ticket.
SMS/ Whatsapp confirmation: Your booking confirmation will be sent via an SMS and/or Whatsapp notification. You may be requested to display the ticket details received along with appropriate identity proofs to receive a physical ticket.
Physical Tickets: In case of physical tickets, we will deliver them to your address confirmed and provided by you on the Platform. However, delivery charges will not be refunded for any reasons beyond Zomato’s or its delivery partner’s control, including but not limited to your premises being closed at the time of delivery or in case you have provided an incorrect address. It is Your responsibility to ensure that delivery is taken at the address provided by you. It is also your responsibility to ensure that you keep your delivery address updated to the one where you can ensure delivery is taken. - Ticket Pick-Up:If at the time of purchasing physical tickets, you choose to ‘pick-up’ tickets from a designated location, then the pick-up details shall be intimated to you on the purchase email containing details of your purchase. You can only pick-up the physical tickets during the pick-up window from the location or address specified in the email and/or SMS confirmation.
It is clarified that if you have chosen the delivery option, then the ticket redemption shall not be available at the box-office at the Event's venue. We will not be able to fulfil Your requests for issuing a duplicate ticket or issuing an e-ticket as a replacement. Therefore, it’s highly important for you to ensure that you pick up the tickets during the pick-up window. It is your responsibility to periodically check your notifications that shall be sent to you at the start of and during the pick-up window.
In all of the above options, you will need to produce the credit or debit card used to purchase the tickets along with a valid government-issued photo ID proof (Driver's license/ Aadhar/ Passport) for picking up the tickets at the venue. If the card user is not picking up the tickets herself/himself, an authorisation with the photocopy of this card signed by the cardholder needs to be produced. The signature on the card will be matched against the one used for authorisation. - Damage: You shall be solely responsible for any damage, loss, destruction, mutilation or wastage of a physical ticket which occurs for any reason except those related to packaging issues. If you received a damaged ticket due to packaging issues, please do not take delivery of the physical ticket and instead hand it back to the delivery supplier. Accepting delivery shall exempt Zomato from all liability for damage to physical tickets arising because of packaging issues and Zomato shall not be responsible to compensate you for such damage or provide you a replacement ticket. We will not be able to help you redeem the physical tickets if the barcode/qr code is not scannable. In such situations, you will be required to purchase another new ticket(s) to get access to the venue.
- For any help or queries pertaining to Event, you may reach out to us through chat support or other channels as communicated on the Platform.
MOVIES
If you are purchasing movie tickets through the Platform, you agree to the following terms:
- Bookings for the tickets once made by you cannot be cancelled, modified, exchanged or refunded unless such policies are provided at the cinema or Platform and opted-in by you while booking the movie tickets.
- Your booking confirmation will be sent via an e-mail, SMS and/or WhatsApp to the registered contact details and/or shown in the movies section of the Platform.
- Booking ID and / or order ID generated through the Platform shall be considered as a valid booking ID by Zomato. Any claims / issues pertaining to the booking ID should be raised with and resolved at Zomato’s customer care and the decision of Zomato shall be final and binding. Such complaints shall be raised on the Platform.
- You are advised to keep your booking IDs secure and in the possession of either yourself or an authorized representative. Please be aware that anyone who possesses the booking ID will be permitted to exchange it for a valid ticket, without further security checks, as long as they are considered to be the authorized holder of the booking ID.
- You, or the person collecting the ticket(s) on your behalf, will need to present the booking ID / QR code at the counter in order to avail a physical ticket / digital ticket from the cinema box office at the premises of the concerned cinema hall.
- Zomato shall not be responsible for any loss caused due to the confirmation e-mail or any other e-mails relating to the ticket booking process not being delivered to your primary e-mail inbox. You may also refer to the booking confirmation screen to check the booking details.
- If you do not receive the booking ID (in the form of SMS / e mail / in-app notification / WhatsApp on the Platform screen) after submitting payment information, or if you receive an error message or service interruption after submitting payment information, you should refresh the page / relaunch the Platform to get the updated status as booking confirmation can take up to thirty (30) minutes. If no booking ID is received even after thirty (30) minutes of payment, you should immediately report to the customer care. Zomato shall not be responsible for any losses occurred during this process, due to any default on the part of banks, payment aggregators etc. or for reasons not attributable to Zomato.
- Booking charges and / or the internet handling charges are levied on all tickets booked online on the Platform.
- The holder of a physical ticket / digital ticket is deemed to be the owner of the ticket(s).
- In some cases, cinemas / theatre might request you to show the movie booking confirmation e-mail / SMS / printout / confirmation message of the movie booking on the Platform in order to validate your booking. As per the cinema / theatre admission policy, in case a physical ticket is lost or misplaced or digital ticket is not presented via the Platform, a duplicate ticket might not be issued. Final decision to allow entry will be at the sole discretion of the cinema / theatre management.
- Before purchasing the tickets, you are advised to check the warning about age restrictions for that particular movie. As per applicable laws, individuals under the age of 18 (eighteen) shall not be permitted to enter the cinema / theatre for movies with an A (adult) rating. Additionally, You are further advised to check for any other applicable entry restrictions or ratings that may be in place for specific movies.
- 3D charges (wherever applicable) may already be included in the ticket prices or may be charged separately from ticket prices or may be collected by the cinema / theatre partner on the cinema premises. Details of charges collected by Zomato will be shown before making the payment for the ticket(s). You should review the transaction amount before making the booking.
- As per the cinema / theatre admission policy, you need to purchase tickets for children above the age of three (3) years.
- As per the cinema / theatre admission policy, outside food and beverages are not allowed inside the cinema hall’s premises.
- You are advised to avoid carrying laptops, handycams, digital cameras and any such electronic equipment to the cinema / theatre. You are advised to check with the cinema / theatre about any restrictions which might be in place for that particular cinema / theatre.
- If the merchant cancels or reschedules the movie / show, Zomato shall not be held responsible for such cancellation(s) or reschedule. In the event that a merchant cancels or reschedules a movie, Zomato will notify you on a best effort basis and shall provide a refund according to the cinema / theatre's policy. Where refund is permissible as per the cinema / theatre's policy, Zomato shall automatically issue a refund to your original payment mode(s) / other payment mode as opted by you with applicable deductions from the amount paid by you for the movie ticket(s) (including any add-on products) booked on Zomato. After Zomato processes the refund, the amount shall be reflected in your bank account / payment mode as per bank timelines.
- If you pay an incorrect amount for a movie ticket, whether due to an error in the displayed price on the Platform or otherwise communicated to you, or if you are able to book a movie ticket before its scheduled on-sale or presale date, or if you book a movie ticket that was not supposed to have been released for sale, Zomato reserves the right to cancel that particular movie ticket or order and refund the amount that you had paid to the original payment mode(s). This section applies even in the case of human error or a transactional malfunction on the Platform.
- All seat layouts are only for representational purposes and the distance between rows including distance from the movie screen can differ from the actual cinema / theatre.
- In some cases either the entire cinema / theatre or a few seating categories of the cinema / theatre could be free seating. In free seating cinema / theatre seating categories, you can only select the count of seats to be booked. No particular seat is booked and booking details will only show the count of seats booked. In such cases, seats are allotted on a first come first serve basis by the cinema / theatre partner.
- Some cinemas / theatres allow Customers to book movie tickets on the Platform by only paying the booking charges / internet handling charges. Ticket price amount is collected by the cinema / theatre partner at the cinema / theatre itself before allowing entry to the cinema / theatre. Information about cinemas / theatres working on such a model will be shown to you during the movie booking flow. You should check the details shown before proceeding with such booking.
- All images shown in the food and beverages section are for representational purposes only.
- In the food & beverages section, any nutritional and / or energy and / or allergens information provided against an item is an approximation and is basis the information shared per-serving by the cinema and is displayed “as-is”. It may differ / vary based on ingredients & portion sizes.
- By booking a ticket on the Platform, you agree and undertake to adhere to and comply with the terms and conditions of respective cinemas / theatres in respect of all the bookings made by you through the Platform.
- We may share booking information with Zomato and the Merchants, such as customer / your name, booking ID, customer’s phone number and / or e-mail ID including any other relevant information for smooth customer entry flow within the cinema / theatre premises and such information would be used for smooth booking experience and / or availing loyalty or rewards points benefits from the cinema/theatre partners, if any and you provide your explicit consent for us to share your data with any third parties as may be required. You also agree and acknowledge that the third parties with whom your data is shared shall be classified as the owner of such transferred data and shall have the ability to deal with and/or process such data in any manner that they deem fit.
- By accepting these terms, you accept that Zomato may send alerts to the mobile phone number / e-mail / Platform notification / WhatsApp as per the details provided by you while registering on the Platform or to any such number replaced and informed by you subsequently.
- Notwithstanding anything to the contrary contained herein, neither Zomato nor its respective affiliates or their respective officers, directors, employees, agents shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the Platform or Services, even if any of the said parties had been advised of, knew of, or should have known of, the possibility of such damages. Zomato’s (and their respective affiliates, officers, directors, employees, and agents) combined maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), shall at all times be limited to the ticket price or Rs. 5,000, whichever is lower. To the maximum extent permitted by law, the customer / You waive, release, discharge and hold harmless Zomato, and their respective affiliates and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform and/or Services. In case of any issues, the interpretation of the same shall be at the sole discretion of Zomato and shall be considered as final and binding on you.
- Under no circumstances should you entertain anyone who is selling printouts or SMS messages of booking IDs claiming to be generated by Zomato. If you happen to come across someone who is engaged in this activity, it is important that you report it promptly to the customer care team and to your local police station.
- Cinema Cancellation Policy
- Merchants (Cinema / theatre partners) may choose to provide flexibility of movie ticket cancellation at their own discretion. These details as made available to Zomato will be available to you at the time of the movie ticket booking.
- Benefits of Merchant’s cancellation policy would be passed on to you on “as-is” basis and Zomato has no rights / control on the cancellation policy of the Merchants.
- Merchants may change the refund slab of ticket cancellation without any prior information and the refund amount may vary from time-to-time. You should check the complete booking and cancellation policy before proceeding to book movie tickets on the Platform.
- Cancellation charges provided by the Merchants will be applicable on cancellation of any booking which may vary from time to time or based on your booking and the Merchant’s cancellation policy. Zomato shall not be held responsible for any such changes made to booking and / or cancellation policy.
- Merchants may choose to provide such cancellation policy benefits to all or some selective users at their sole discretion.
- Partial cancellation of an order / booking / ticket(s) is not allowed.
- Benefits of any applied promocode on the order / booking will be considered as redeemed / fulfilled if the ticket(s) are cancelled by you and the benefits of the promocode shall not be availed on any other order / booking.
- Refund received for the cancelled booking (if any) will be after deduction of any cancellation charges, booking charges, internet handling charges, food vouchers, 3D glass charges, applicable taxes and promotional benefits.
- If the cancellation of the booking is unsuccessful for any reason, a refund will not be issued and the booking will be considered 'not cancelled' i.e. valid. You may try to cancel the booking after some time if the booking is still under the cancellation window as per the cancellation policy. In such cases you must contact the Zomato customer care team and / or cinema / theatre customer support with your booking details.
- Zomato has the right, in its sole discretion, at any time to adjust, supplement, modify, revise, terminate, or carry out any necessary alterations to this policy and/or the cancellation feature, either entirely or partially.
- Food vouchers policy (if applicable)
- Zomato may offer food vouchers by partnering with cinema chains to offer you food vouchers which can be redeemed at the Merchant’s premises.
- The food vouchers may be available for purchase on the Platform while booking movie tickets for the respective Merchant.
- On buying the food voucher (if available), you will get a code through email and / or SMS which you can use to purchase food and beverage items at the Merchant’s premises. You can also find the code on the order summary page which can be accessed by selecting ‘Your order’ in your ‘order history’ section on the Platform.
- Based on the respective cinema partners’ discretion, food vouchers purchased from any national / regional cinema chains may be valid at most of the cinemas under that cinema chain with few exceptions. You are advised to check the details / terms and conditions of the food voucher before making the purchase.
- Each food voucher may have an expiry date attached to it and is valid for any show till the expiry of that food voucher.
- The food voucher is non-refundable, either before or after the expiry or in case of movie / show cancellation or cancellation of booking as per Merchant’s movie ticket cancellation policy.
- Partial redemption of the food voucher is not allowed.
- Merchants may allow only one food voucher to be redeemed in one transaction and any excess amount in addition to the one mentioned on the food voucher needs to be paid at the cinema / theatre.
General terms and conditions
- You shall be solely responsible for providing the correct details, including recipient name, address, contact details, etc. and making the payments against all bookings or transactions made through your account. Zomato shall not have any liability/ obligation in this respect (including accepting any refund/ cancellation requests).
- Zomato reserves the right to charge a subscription and/or membership fee in respect of any of its Service and/or any other charge or fee on a per order level from Customers, in respect of any of its Service on the Platform anytime in future including without limitation, peak hours, very high demand, late night fee, handling charges, convenience/platform fee, small cart fee, or any other fee as may be communicated on the Platform. You shall be informed of such charges prior to making a transaction on the Platform at the stage of check-out. By making a transaction or making a booking, you agree to pay for such charges. These charges may vary from transaction to transaction, which may be determined on multiple factors such as cart value, time of the day, time taken, demand for delivery, seasonal peaks or such other parameters as may be determined from time to time. Further, Zomato or the Merchant may from time to time offer to the customers credits, discounts, promo codes, vouchers or any other form of cashback. Zomato and the Merchant reserve the right to modify, convert, cancel and/or discontinue the respective credits, promo codes or vouchers, as they may deem fit.
- You will provide authentic and true information in all instances where any information is requested of you. Zomato reserves the right to confirm and validate the information and other details provided by you at any point of time.
- That if at any time, the information provided by you is found to be false or inaccurate (wholly or partly), Zomato 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.
- Zomato is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Zomato provides, may require affecting certain changes in it, therefore, Zomato reserves the right to suspend/cancel, or discontinue any or all Services at any time without notice, make modifications and alterations in any or all of its contents, goods and services contained on the Platform without any prior notice.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if Zomato disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- You acknowledge and agree that while Zomato may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, however Zomato may set such fixed upper limits at any time, and the same will be communicated to you on the Platform.
- In our effort to continuously improve the Platform and/or Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
- Zomato may from time to time introduce referral and/or incentive based programs for its Customers. These referral and/or incentive based programs may be governed by their respective terms and conditions. By participating in such programs, the Customers are bound by the respective program terms and conditions communicated on the Platform as well as these terms. Further, Zomato reserves the right to terminate / suspend a Customer's account and/or participation of the Customer in such programs if Zomato determines in its sole discretion that the Customer has violated the rules of the such program(s) and/or has been involved in activities that are in contravention of the program terms and/or these terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Zomato reserves the right to modify, cancel and discontinue its programs without notice to the Customers.
- At times, Zomato may collaborate with third parties to better your Customer experience on the Platform, where you may have the option to opt-in for availing certain services from such third parties via the Platform or such services may be part of the package. For instance, services provided to you by third parties pursuant to advertising/ marketing campaigns. In such cases you acknowledge and agree that the services will solely be provided by such third parties, as per their terms and conditions and Zomato will have no role and/or control over the fulfilment and completion of the services provided including but not limited to transaction tracking, customer care support, grievance, etc. Further, by opting in for such ad-on services/ making a transaction that includes such services in the package, you explicitly give your consent to share your personal information as available with Zomato along with transaction details with the third party service provider to provide the services.
- Intellectual Property
- Information Disclosure
- Misrepresentation
- Disclaimer of warranties, limitation of liability and Indemnity:
- Disclaimers
- Indemnity
- Limitation of Liability
- Termination of your access to the Platform/Services
- Governing Law & Jurisdiction
- Miscellaneous
- Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
- Entire Agreement and Waiver: The Terms, together with the Privacy Policy, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
- Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
- Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Zomato and you shall have no authority to bind Zomato in any form or manner, whatsoever.
- Carrier Rates may Apply: By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
- Linking and Framing: You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
- Contact Us:
- Legal Entity Name: Zomato Limited
- CIN: L93030DL2010PLC198141
- Registered Address: GF-12A, 9A Meghdoot, Nehru Place, New Delhi - 110019
- Corporate Address: Pioneer Square, Tower 1- Ground to 6th Floor and Tower 2- 1st and 2nd Floors, Near Golf Course Extension, Sector-62, Gurugram, Haryana, 122098
- Details of website and Application: ‘District’ application for mobile and handheld devices
- Contact Details: info@zomato.com
Zomato expressly reserves all intellectual property rights in all text, programs, services, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to any intellectual property rights. All rights, including copyright, in and to the Platform are owned by or licensed to Zomato. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of Zomato.
You may not modify, distribute or re-post anything on/ from the Platform for any purpose. The names and logos and all related service names, design marks and slogans are the trademarks/service marks of Zomato, its group companies/ affiliates, its partners or its suppliers/service providers, if any. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to or use of the Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Platform to any names, marks, services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply Zomato’s endorsement, sponsorship or recommendation of the third party, the information, its services.
Zomato may provide third party content on the Platform (including embedded content) or links to third-party web pages, content, applications, and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Zomato of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Zomato is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. Zomato is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party website and/ or avail any service pursuant to the same, you do so entirely at your own risk and expense.
If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at Zomato. We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to Zomato may result in civil and/or criminal liability. You agree to indemnify Zomato for all claims brought by a third party(ies) against Zomato arising out of or in connection with the submission of your email at Zomato.
To protect against the loss, misuse and alteration of the information under its control, Zomato has in place appropriate physical, electronic and managerial procedures. For example, Zomato servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a need to know basis to complete the transaction and to provide the services requested by you. Although Zomato endeavours to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the internet cannot be made fully secure. By using the Platform, you agree that Zomato will have no liability for disclosure of your information due to errors in transmission and/or unauthorized acts of third parties.
Call Recording: All calls between you and us (including between you and the delivery partners) (directly or indirectly through a third party) may be recorded by us or the third party engaged by us. All such calls are recorded including for internal training and quality purposes by us and/or any third party appointed by us. You explicitly agree and permit Zomato and the third party engaged by Zomato, to record all the calls/ information provided by you during your telecon and to share it with our authorized personnel / delivery partners. You also explicitly agree and permit Zomato to share any data (including call recordings) related to you with its group companies/ affiliates and/or the governmental/ regulatory authorities, if required under any law.
Zomato shall assume no responsibility for any communication not authorised by Zomato with respect to any offers, promotions, housefull sale, etc. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the user. Customers are cautioned that Zomato does not run any call centre, and does not make available for communication any landline/mobile number/email ID/social media channel/any other electronic means to its users, except as specifically set out in these Terms and to that end, you are cautioned against unauthorised persons/ fraudsters and imposters claiming to be calling/ answering on Zomato’s behalf. In case any Customer wishes to communicate, the Customer may communicate at the following/email apart from the faster In app Chat option
Please note: Zomato does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means, neither will Zomato ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information. Please do not reveal these details to fraudsters and imposters claiming to be calling on Zomato’s behalf. Please report suspicious activities to [●].
You acknowledge and undertake that you are accessing the Services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions. Zomato makes best efforts to display available services, including in respect of their colour, size, shape and appearance, as accurately as possible. However, as the same are representative, the actual color, size, shape and appearance may have variations from the depiction on your mobile/computer/ display screen.
Zomato does not make any representation or warranties in respect of the services available on the Platform nor does Zomato implicitly or explicitly support or endorse the supply of any services on the Platform. Zomato accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Platform or otherwise.
Notwithstanding anything to the contrary, you agree to indemnify, defend, and hold harmless Zomato from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by them arising as a result of, or in connection with: (a) your Feedback and/ or content, (b) your unauthorized use of the Platform/Services, or services included or advertised in the Services; (c) your access to and use of the Services; (d) your violation of any rights of another party; or (e) your breach of these Terms (including Privacy Policy and any infringement by you of the intellectual property rights of any third party) and/ or applicable law. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Notwithstanding anything to the contrary:
Zomato shall not be liable for any claims, damages or losses to the Customer or any other person other than as established by a non-appealable order of a court of competent jurisdiction.
Subject to the above, the maximum aggregate liability of Zomato, if any, as so established and ordered, shall in no event exceed an amount of INR 5000/- (Indian Rupees Five Thousand Only) for any claim that may arise under or in connection to these Terms.
Zomato shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential, exemplary, punitive or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
Zomato in its sole discretion and without liability, reserves the right to terminate or refuse your registration, terminate your use of the Platform/ Services and/ or refuse to permit/ restrict your usage/access to the Platform/ Services, without notice, with or without cause including if Zomato has reason to believe (including through evaluating usage patterns), whether by notice or otherwise that: (a) you do not conform to the eligibility criteria, or the eligibility criteria is not met/is violated by a user, or (b) you may commit/ be in breach of these Terms (including Privacy Policy). We may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
You may delete your account at any time by using the option as available on the Platform and ceasing further use of the Platform/Services. Your personal data will be processed in accordance with the Privacy Policy as updated from time to time.
Zomato’s rights to any Feedback, indemnification rights and provisions relating to Governing Law and Jurisdiction, shall survive any termination of these Terms. Any such termination of these Terms shall not affect/ waive your obligation to pay for services already ordered/availed from the Platform or affect any liability that may have arisen or may arise relating to events preceding the date of termination.
These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder. Courts at New Delhi shall have exclusive jurisdiction over any proceedings arising in respect of these Terms (including Privacy Policy).
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Grievance Redressal Mechanism:
For any order related issue, you may first reach out to us via chat support on the Platform for real time basis resolution.
In accordance with applicable law, including the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer and Nodal Officer who can be contacted for any concerns or queries pertaining to the Platform are published as under:
Details of the Grievance Officer
Kanishk Chaturvedi
Grievance Officer, Zomato Limited
Pioneer Square, Ground Floor, Golf Course Extension, Gurugram, Haryana – 122102, India
Email address: grievance@zomato.com
Time: Monday - Friday (09:00 a.m. to 18:00 p.m.)
Details of the Nodal person
Ashwat Kumar
Nodal Officer, Zomato Limited
Pioneer Square, Ground Floor, Golf Course Extension, Gurugram, Haryana – 122102, India
Email address: nodal@zomato.com