Terms of Service

Last updated on January 15, 2021

I. Acceptance of terms

Thank you for using Zomato. 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 Zomato website at www.zomato.com (the "Site") and any related mobile or software applications ("Zomato Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future Zomato customers, including but without limitation to users having access to 'restaurant business page' to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the Zomato Platform, you are agreeing to these Terms and concluding a legally binding contract with Zomato Limited (Formerly known as Zomato Private Limited and Zomato Media Private Limited) and/or its affiliates (excluding Zomato Foods Private Limited) or, if you are in the United States, with Zomato USA, LLC and/or its affiliates (hereinafter collectively referred to as "Zomato"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Zomato Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

• Clicking to accept or agree to the Terms, where it is made available to you by Zomato in the user interface for any particular Service; or
• Actually using the Services. In this case, you understand and agree that Zomato will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

Customer

"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 'restaurant business page' to manage claimed business listings or otherwise.

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, profile information, and any other materials that you publicly display or displayed in your account profile. "Zomato Content" means content that Zomato creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, 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 and is available on the Services.

Restaurant(s)

"Restaurant" means the restaurants listed on Zomato Platform.

Merchant(s)

Merchant means the merchant(s) listed on the Zomato Platform and offering its Nutrition Products (defined herein below) to the Customers.

III. Eligibility to use the services

1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

IV. Changes to the terms

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

V. Translation of the terms

Zomato may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Zomato. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

VI. Provision of the services being offered by Zomato

1. 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 products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. 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.

3. 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.

4. 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, Zomato may set such fixed upper limits at any time, at Zomato's discretion.

5. By using Zomato's Services you agree to the following disclaimers:

   • The Content on these Services is for informational purposes only. Zomato disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Zomato reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Zomato does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Zomato. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Zomato. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Zomato.
   • Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurant's listing page or Nutrition Products’ listing on the Zomato Platform is for informational purposes only. Such Certification is displayed by Zomato on an 'as available' basis that is provided to Zomato by the Restaurant partner(s)/Merchant(s). Zomato does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Zomato in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner/Merchant.

6. Zomato reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Zomato Platform anytime in future.

7. Zomato may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Zomato Platform terms. Further, Zomato reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if Zomato determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Zomato Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Zomato reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

VII. Use of services by you or Customer

1. Zomato Customer Account Including 'Claim Your Business Listing' Access

a. You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

c. In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Zomato or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Zomato account for any purpose and that you will be liable for such unauthorized access.

e. By creating an account, you agree to receive certain communications in connection with Zomato Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.

2. Others Terms

a. In order to connect you to certain restaurants, we provide value added telephony services through our phone lines, which are displayed on the specific restaurant listing page on the Zomato Platform, which connect directly to restaurants' phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the restaurant (for internal billing tracking purposes and customer service improvement at the restaurant's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Zomato. You explicitly agree and permit Zomato to record all this information when you avail the telephony services through the Zomato provided phone lines on the Zomato Platform.

b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

c. You agree to use the data owned by Zomato (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Zomato in writing.

d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Zomato, unless you have been specifically allowed to do so, by way of a separate agreement with Zomato. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

VIII. Content

1. Ownership of Zomato Content and Proprietary Rights

a. 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 (the "IP Rights") associated with the Services and Zomato 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 and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Zomato and that you shall not disclose such information without Zomato's prior written consent.

b. You agree to protect Zomato's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and 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 right, 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). You further acknowledge that the Services may contain information which is designated as confidential by Zomato and that you shall not disclose such information without Zomato's prior written consent. 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 other distinctive brand features.

c. 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 without limitation, 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 laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Zomato's Content in whole or in part except as expressly authorized by Zomato.

d. 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 below in section XVI.

2. Your License to Zomato Content

a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the 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 Zomato 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 the Services, Zomato Content or our IP Rights.

b. 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.

3.Zomato License to Your or Customer Content

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 'restaurant 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.

4. Representations Regarding Your or Customer Content

a. 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 the Guidelines and Policies or any applicable laws

b. 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.

c. 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.

5. 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 Restaurant reserves the right to delete any images and pictures forming part of Customer Content, from such Restaurant's listing page at its sole discretion.

6.Third Party Content and Links

a. 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 or online food delivery/ordering. 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.

b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, 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.

c. 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, products or other materials on or available from such web sites or resources.

d. Third party content, including content posted by our Customers, 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.

e. 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.

7. Customer Reviews

a. Customer reviews or ratings for Restaurants do not reflect the opinion of Zomato. Zomato receives multiple reviews or ratings for Restaurants by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Zomato is the personal opinion of the Customer/reviewer only. Zomato is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Zomato Platform are independent of the reviews received by such advertisers.

b. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular Customer's review violates any of the Zomato' policies, the restaurant may write to us at neutrality@zomato.com and bring such violation to our attention. Zomato may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services

IX. Content guidelines and privacy policy

1. Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Polices related to Content

2. Privacy Policy

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public

X. Restrictions on use

1. 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:

   a. Violate our Guidelines and Polices;

   b. 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;

   c. 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.

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

   e. 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;

   f. Accuses others of illegal activity, or describes physical confrontations;

   g. 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.

   h. 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);

   i. Attempts to impersonate another person or entity;

   j. 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;

   k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

   l. 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;

   m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;

   n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;

   o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

   p. Accesses or uses the account of another customer without permission;

   q. 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;

   r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

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

   t. 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);

   u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

   v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

   w. 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;

   x. Collects, accesses, or stores personal information about other users of the Services;

   y. Is posted by a bot;

   z. Harms minors in any way;

   aa. 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;

   ab. 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

   ac. Attempts to do any of the foregoing.

2. You acknowledge that Zomato has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

3. You hereby agree and assure Zomato that the Zomato Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Zomato in any form or manner whatsoever.

4. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Zomato Platform, Zomato shall have the right to immediately block your access and usage of the Zomato Platform and Zomato shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

XI. Customer feedback

1. 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 its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
2. Please provide only specific Feedback on Zomato's existing products or marketing strategies; do not include any ideas that Zomato's policy will not permit it to accept or consider.
3. Notwithstanding the abovementioned clause, Zomato or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product 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.
4. The purpose of this policy is to avoid potential misunderstandings or disputes when Zomato's products 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.
5. Terms of Idea Submission
   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.

XII. Advertising

1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Zomato on the Services are subject to change without specific notice to you. In consideration for Zomato granting you access to and use of the Services, you agree that Zomato may place such advertising on the Services.
2. Part of the site may contain advertising information or promotional material or other material submitted to Zomato by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Zomato Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Zomato found on or through the Zomato Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Zomato will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Zomato Platform and mobile application.
3. For any information related to a charitable campaign ("Charitable Campaign") sent to Customers and/or displayed on the Zomato Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Zomato is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Zomato does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.

XIII. Additional Terms and Conditions for Customers using the various services offered by Zomato:

1. ONLINE ORDERING:

a. Zomato provides online ordering services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for online ordering by the Customers on the Zomato Platform.

b. The Customers can access the menu items or Products listed on the Zomato Platform and place online orders against the Restaurant Partner(s)/Store(s) through Zomato.

c. Your request to order food and beverages or Products from a Restaurant Partner or a Store page on the Zomato Platform shall constitute an unconditional and irrevocable authorization issued in favour of Zomato to place online orders for food and beverages or Products against the Restaurant Partner(s)/Store(s) on your behalf.

d. Delivery of an order placed by you through the Zomato Platform may either be undertaken directly by the Restaurant Partner or the Store against whom you have placed an order, or facilitated by Zomato through third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, Zomato is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Store, as the case may be.

e. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Zomato is not a party under any applicable law. It is clarified that Zomato does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the Zomato Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Store, as the case may be.

f. Where Zomato is facilitating delivery of an order placed by you, Zomato shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.

g. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Store, as the Delivery Partner or the Restaurant Partner or the Store may determine (“Delivery Charges"). You agree that Zomato is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, time of the day. Zomato will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.

h. In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Restaurant Partner or the Store, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Zomato is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store, the Delivery Surge for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, demand during peak hours. Zomato will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.

A. Online Ordering with Restaurant Partners:

a. All prices listed on the Zomato Platform are provided by the Restaurant Partner at the time of publication on the Zomato Platform and have been placed as received from the Restaurant Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partner may change at the time of delivery. In the event of a conflict between price on the Zomato Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except Delivery Charge of Zomato.

b. Pickup/Takeaway: When You opt for a Pickup/Takeaway (as defined below) You agree to be solely liable to ensure compliance with the conditions governing the Takeaway at the time of placing the Order, and Zomato shall not be liable in any manner in this regard. For the purpose of clarity, Pickup (in India)/Takeaway (in all other jurisdictions) would mean where a Restaurant Partner has agreed to provide an option to the Customers to collect the Order themselves from the Restaurant Partner on which such an Order is placed. Zomato accepts no liability associated with food preparation by the Restaurant Partner accepting the Order, and all food preparation and hand over through Takeaway are the sole responsibility of the Restaurant Partner accepting the Order. The Pickup/Takeaway times for collection are provided by the Restaurant Partner and are only estimates.

c. On Time or Free: For Customers in India, You may opt for on-time services offered by Zomato, for an additional non-refundable cost, at select Restaurant Partners. However You acknowledge that such services are facilitated by Zomato on a best effort basis, hence should your Order fail to reach you on or prior to the Promise Time, you would be eligible to claim and receive a Coupon worth Order Value or up-to INR 200, whichever is lower. You will be required to claim the Coupon within twenty four (24) hours from the time such Order is delivered to You failing which your eligibility to receive the Coupon will expire. Further the validity period of the Coupon would be 7 (seven) days from receipt thereof. Notwithstanding anything set out herein above, You shall not be eligible to receive the Coupon if:

i. Delay on the Promise Time is for unforeseen reasons eg. strikes, natural disaster, Restaurant Partner’s inability to provide the Order.

ii. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such Order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the Order etc.

iii. You indulge in actions intended to delay the Order including but not limited to asking the Delivery Partner to delay the Order, becoming unresponsive on call etc.

iv. The order is a bulk Order (as per Zomato’s standard order size)

For the purpose of this clause, words capitalized shall have the following meaning: “Promise Time" shall mean the time period between the Restaurant Partner accepting the Order and the Delivery Partner reaching within 50 metre radius from Your location or first barrier point (security guard/reception etc.) whichever is further. “Coupon" shall mean one- time code generated by Zomato for delay in Promise Time to be used as per applicable conditions.

d. Zomato Pro For Online Ordering:

i. As a member of Zomato Pro in India, you can avail Discount (as defined below) on Order placed by You from partnered Restaurants (“Partnered Restaurant(s)”).

ii. On every Order placed by You through the Zomato Platform, You will get a percentage of discount on the Order value provided that the Order Value for such Order is above the minimum Order value specified by the Partnered Restaurant on the Zomato Platform (“Discount”).

iii. The number of Partnered Restaurant(s) may be modified.

iv. The Discount cannot be clubbed with any other offers or discounts or deals extended by the Partnered Restaurant or Zomato or any other third party.

v. The Discount is not valid on menu items sold by the Partnered Restaurant at maximum retail price (MRP), combos and special dishes.

vi. The Discount can be availed only for Orders placed for home delivery.

vii. The Partnered Restaurant(s) offering Zomato Pro for home delivery may differ from Restaurants offering Zomato Pro for dine out.

viii. You will be responsible to pay the Partnered Restaurant(s) all costs and charges payable for all the other items for which you have placed an Order and are not covered under the Discount.

ix. Zomato reserves the right to add exclusion days to Zomato Pro on Online Ordering at its discretion which will be communicated from time to time.

x. The term of your Zomato Pro membership shall be subject to the membership plan opted by You.

Exclusion Days for India

No.	DATE	EVENT
1	December 31 and January 1	New Year's Eve/Day
2	January 15	Pongal (applicable in Tamil Nadu only)
3	February 14	Valentine's Day
4	October 22 - October 26	Durga Puja (applicable in West Bengal only)
5	November 13 and November 14	Diwali Eve/Day
6	December 24 and December 25	Christmas Eve/Day

B. Zomato Markets

a. Zomato operates an online marketplace under the name and style “Zomato Markets” and provides online ordering services by entering into contractual arrangements with third-party wholesale and retail Store(s) (“Store(s)”), dealing in various consumer products including but not limited to groceries, fresh fruits & vegetables, poultry, dairy, bakery items, Fast-Moving Consumer Goods (FMCG), essential household items (“Products”) on a principal-to-principal basis for the purpose of listing their Products for online ordering by the Customers on the Zomato Platform.

b. The Store(s) may also offer health and wellness products for sale via Zomato Platform which shall in no manner include any Products set out in Schedule H and H1 of the Drugs and Cosmetics Act, 1940 and rules and regulations thereunder and/or any other Product which require a medical prescription from a registered medical practitioner under the Drugs and Cosmetics Act, 1940 and rules and regulations thereunder.

c.Zomato disclaims all warranties and liabilities associated with any Product offered under Zomato Market.

d. Services are available to only select geographies, and are subject to restrictions based on business hours and days of the Store(s)

e. All Products listed on the Platform will be sold at MRP unless otherwise specified. The prices listed on the Zomato Platform are as received from the Store(s). The final price charged to you by the Store(s) may change at the time of delivery. In the event of a conflict between price on the Zomato Platform and price charged by the Store(s), the price charged by the Store(s) shall be deemed to be the correct price except Delivery Charge of Zomato. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

C. AlcoBev Delivery Services

a. Zomato operates an online marketplace under the name and style “AlcoBev Delivery Services” whereby Zomato (i) enters into contractual arrangement with third-party retail stores (“Store(s)”) selling various liquor and alcoholic beverages (“AlcoBev Product(s)”) on a principal-to-principal basis for the purpose of listing their Alcobev Products for online ordering by the Customers on the Zomato Platform (ii) allows Customers to place online orders of the Alcobev Products through the Zomato Platform.

b. The AlcoBev Delivery Services are presently only available for Customers in India, in states where such services are permitted by the authorities.

c. Zomato disclaims all warranties and liabilities associated with the Alcobev Product(s) offered by the Store(s) under AlcoBev Delivery Services.

d. Zomato disclaims all liability associated with any harm or injury caused to you upon consumption of the Alcobev Products purchased from the Store(s) through the Zomato Platform.

e. You shall comply with the applicable law while placing an order for the Alcobev Product(s).

f. By placing an order for the Alcobev Product(s) under the AlcoBev Delivery Services, you agree to have attained the minimum legal drinking (“Legal Drinking Age”) and have obtained applicable permits/license/authorization to purchase and consume the Product(s), in accordance with applicable state and central laws.

g. In order to avail the AlcoBev Delivery Services, you are required to provide a copy of your government identification document containing your photograph and date of birth (“Identification Document”) at the time of placement of your Order(s) for the Product(s) on the Zomato Platform and show such Identification Document to the delivery partner, assigned by Zomato (“Delivery Partner”), for verification, to be able to take delivery of the Order. Should you fail to provide the Identification Document or if, in the opinion of the Delivery Partner, the Identification Document either does not belong to you or appears to be fake, the Delivery Partner reserves the right to cancel your Order and you would not be entitled to receive any refund any amount paid by you towards such cancelled Order, including the Delivery Charges and the payment gateway charges.

h. You hereby agree, acknowledge and permit Zomato to save the Identification Document provided by you and the details thereof for the purpose of enabling you to place subsequent order(s) of AlcoBev Products through the Zomato Platform. You further agree and acknowledge to permit Zomato to share your Identification Information, including any other details provided by you which are necessary, with the Store, for the purpose of fulfilling your order. All information provided by you to Zomato, including the Identification Document, shall be governed by the privacy policy of Zomato read along with these Terms.

i. It is your responsibility to determine the accuracy, quality, condition or packaging of your AlcoBev Product(s) before accepting its delivery. In the event of any discrepancy in your order, do not accept its delivery and report such discrepancy to Zomato via the chat support available on the Zomato Platform. Once the delivery of an order has been accepted by you, Zomato shall not be liable for any issue with regard to the order, including without limitation, any missing product, tampered order or incorrect delivery of any AlcoBev Product.

j. The quantity of Products ordered shall be in accordance with prescribed applicable law.

k. You shall ensure that the delivery location does not fall into the categories of places where delivery of the Products is prohibited under the applicable law.

l. You hereby agree to not place Order for AlcoBev Products for any individual below Legal Drinking Age.

m. Services are available to only select geographies and are subject to restrictions under applicable law and the restrictions based on business hours and days of the Store(s).

n. While placing the order for the AlcoBev Product(s), you would be liable to pay amounts towards the price of the Products as listed on the Zomato Platform including any delivery charges, payment gateway charges and any other charges as may be determined by Zomato in its sole discretion.

o. All AlcoBev Products listed on the Platform will be sold at the listing price, unless otherwise specified. The prices listed on the Zomato Platform are as received from the Store(s).

p. If required under applicable law, you shall not place an order for AlcoBev Product unless you are:
i. of sound mind;
ii. not railway servant or railway driver or the driver of motor vehicle on duty;
iii. not an Excise or Police Officer below the rank of a Sub-Inspector or a Grama Rakhi or Home Guard in uniform or vagrant under Police escort.

D. For Customers in Lebanon:

a. Customers in Lebanon can to place online orders with the Restaurant Partners or Store for the liquor and alcoholic beverages (“Beverages”), through the Zomato Platform.

b. Zomato disclaims all warranties and liabilities associated with the Beverages offered by the Restaurant Partners and/ or the Store(s).

c. Zomato disclaims all liability associated with any harm or injury caused to you upon consumption of the Beverages purchased from the Store(s) and/or the Restaurant Partner through the Zomato Platform.

d. You shall comply with the applicable law while placing an order for the Beverages.

e. By placing an order for the Beverages, you agree to have attained the minimum legal drinking and have obtained applicable permits/license/authorization to purchase and consume the Beverages, in accordance with applicable laws.

f. It is your responsibility to determine the accuracy, quality, condition or packaging of your Beverages before accepting its delivery. Zomato shall not be liable for any issue with regard to the order, including without limitation, any missing product, tampered order or incorrect delivery of any Beverage.

g. The quantity of Beverage ordered shall be in accordance with prescribed applicable law.

h.You shall ensure that the delivery location does not fall into the categories of places where delivery of the Beverages is prohibited under the applicable law.

i. You hereby agree to not place Order for Beverages for any individual below legal drinking age.

j. Services are available to only select geographies and are subject to restrictions under applicable law and the restrictions based on business hours and days of the Restaurant Partners or the Stores.

k. The prices listed on the Zomato Platform are as received from the Store(s) or the Restaurant Partner.

l. If required under applicable law, you shall not place an order for Beverage unless you are of sound mind.

E. General Terms and Conditions

a. Zomato is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Zomato, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Store(s).

b. Zomato shall not be liable for any acts or omissions on part of the Restaurant Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.

c. The Restaurant Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Zomato.

d. For the customers in India, it is hereby clarified by Zomato that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.

e. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Zomato shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.

f. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Zomato's terms and privacy policies.

g. You or any person instructed by you shall not resell food and beverages or Products purchased via the Zomato Platform.

h. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Zomato Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Zomato Platform.

i. Any amount that may be charged to you by Zomato over and above the order value, shall be inclusive of applicable taxes.

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

k. Personal Promo code can only be used by You subject to such terms and conditions set forth by Zomato from time to time.

l. Cancellation and refund policy:

i. You acknowledge that(1) your cancellation, or attempted or purported cancellation of an Order shall amount to breach of your unconditional and irrevocable authorization in favour of Zomato to place that Order against the Restaurant Partners/Store(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Zomato to deduct or collect the amount payable as liquidated damages through such means as Zomato may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order

ii. In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refunds.

iii. No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission.

iv. Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.

v. You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.

vi. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

2. BOOK SERVICE/TABLE RESERVATIONS:

a. The Customer can make a request for booking a table at a restaurant, offering table reservation via the Zomato 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 restaurant 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 Zomato Book 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 Zomato Book Service. Customer further agrees not to make more than one reservation for Customer's personal use for the same mealtime.

b. Fees: Zomato may charge booking fee ("Booking Fee") from the Customer upon availing the Zomato Book Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the Customer at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant 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 restaurant from which payment has been made for identification purposes.

c. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant. Zomato will use its best endeavours to keep the Customer informed of the status of the booking. For bookings where Booking Fee is not applicable, the Customer may cancel such booking thirty (30) minutes in advance from the scheduled booking time. 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.

d. Late Arrivals: Zomato advises the Customer to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Zomato shall in no manner be liable for such cancellation initiated by the Restaurant. Zomato hereby reserves its right to retain the Booking Fee paid by the Customers, in the event the Customer is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the restaurant.

e. Dispute: In the event the restaurant 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 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Zomato will make reasonable efforts to verify the facts of such complaint/ dispute with the restaurant and may at its sole discretion initiate the refund of the Booking Fee to such Customer.

f. Personal Information: Customers will be required to share certain personal information with Zomato and/or the restaurant including but not limited to their name, phone number, email address in order to avail the Zomato Book Service and the Customer hereby permits Zomato to share such personal information with the restaurant for confirming such Customer's booking and/or such other communication relating to but not limited to the Zomato Book Service or any promotions by the restaurant. Zomato will use these details in accordance with the Privacy Policy published here. Zomato will share your personal information with the restaurant 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 restaurant for any purpose whatsoever.

g. 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 restaurant by Zomato and confirmed to the Customer basis restaurant's response. While Zomato will take all the care to ensure timely communication of these requests to both the Customer and the restaurant, the liability to fulfill the request lies solely with the restaurant and Zomato shall in no manner be liable if the restaurant does not honor any of the confirmed additional requests of the Customers.

h. Call Recording: Zomato may contact via telephone, SMS or other electronic messaging or by email with information about your Zomato Book 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 restaurant 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.

i. 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 restaurant as a result of the booking or for the Customer's experience at the restaurant or in the event a restaurant does not honor a confirmed booking. Zomato is only a platform connecting Customers to the restaurant and shall not be liable for any acts or omissions on part of the restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the Customer.

j. Contact Us: You may write to us at bookings@zomato.com for any further queries with regard to the Zomato Book Service and may also contact us on the following numbers for more information: For India: 011-33107581; For UAE: 04-4376083;

3. ZOMATO PRO:

a. Zomato Pro Zomato Pro is a membership based program available in select countries which allows its members to avail benefits offered by a host of restaurants partnered with Zomato ("Partner Restaurants").

b. Zomato Pro Membership:

i. As a member of Zomato Pro, You will be entitled to avail Discount (as defined below) on the Bill Value (as defined below) when You pay the Bill Value via the Zomato Platform based on and subject to the membership plan purchased by You via the Zomato Platform read along with these Terms.

ii. For the purpose of Zomato Pro, “Bill Value” shall mean the total amount set out in the bill for food and beverages availed by the member at the Partner Restaurants, and shall include applicable taxes, service charge and other charges as may be applicable and “Discount” shall mean a percentage of discount offered by the Partnered Restaurant on the Bill Value.

iii.Your Zomato Pro membership can only be used on a single device only. You are not permitted to access or avail benefits of Zomato Pro membership on multiple devices even when you sign in using your email address registered with Zomato.

iv. Existing Zomato Gold members will be upgraded to Zomato Pro from August 1, 2020.

v. Benefits under Zomato Pro Discount:
(a) cannot be clubbed during the same visit.
(b) require the availing member to be present at the Partner Restaurant
(c) can be redeemed at Partner Restaurants only and the list of such Partner Restaurants may be updated by Zomato periodically at its discretion;
(d) cannot be exchanged for cash.
(e) not valid on take away and
(f) can only be availed in the country and city where Zomato Pro membership has been purchased, other than in India where such benefits can be availed in all the cities within India.

c. The Discount shall be extended only if the Zomato Pro member makes payment towards the Bill Value via the Zomato Platform.

d. Upon fulfilment of payment of the Bill Value via the Zomato Platform, You will be required to show the payment confirmation to the Partner Restaurant.

e. There is no limit on the number of times the Discount can be availed in a day.

f. The Discount cannot be clubbed with any other offers or discounts or deals extended by Partner Restaurant or by Zomato or any other third party.

g. The Discount extended by the Merchant shall be valid irrespective of the number of people seated on the table.

h. The Discount shall not be applicable on tobacco and related products.

i. Zomato Pro on home delivery can be availed as per the terms and conditions set out in clauseXIII1.A(d).Further, Zomato Pro members on online ordering :
will get special delivery offers at applicable Partner Restaurants which will be visible on Zomato Platform.
will get priority delivery.

j. Money Back Guarantee: For Zomato Pro members in India, UAE and Lebanon, if a Zomato Pro member does not save the amount actually paid for the purchase of Zomato Pro membership, such Zomato Pro member will be entitled to a partial refund which shall be determined as a proportion of the shortfall in the guaranteed saving to the Zomato Pro membership fee paid by the Zomato Pro member for the subscription. The money back guarantee is applicable only to Zomato Pro members who have purchased an annual membership before November 26, 2020. Zomato may at its sole discretion refund the proportionate tax amount on such refund. For the purpose of clarification, such amount shall be refunded to the Zomato Pro member at the end of the membership tenure. It is hereby clarified in the event you cancel your membership at any time during the validity of your membership plan, you will not be eligible to receive a refund on a pro-rata basis.

k. Update: The Partner Restaurants may change from time to time and the members are advised to keep a check on the updated list of Partner Restaurants from time to time at Zomato’s Platform.

l. Fees: In order to avail Zomato Pro, members are required to pay a membership fee which shall be based on the membership plan opted by such member.

m. Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Zomato Platform. Your access to Zomato Pro shall be subject to receipt of successful payments by Zomato. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Zomato shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Zomato.

n.Term: These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

o. Subscription and Renewal: The membership is non-transferable and refundable (in the manner set out below)once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased membership plan and you authorize us to debit your payment method linked to Zomato Platform. In the event you do not wish to renew the membership, you can cancel the membership for renewal at any time during the validity of your membership plan. When you request for cancellation of auto-renewal of your membership, your membership plan will not be auto-renewed and you can continue to access Zomato Pro during your existing membership plan until the expiry of the validity period. To request for cancellation of auto-renewal your membership, you are required to go to your Zomato Pro plan on Account page on the Zomato Platform and cancel your membership.

p. Cancellation and Refund: In the event you cancel your membership at any time during the validity of your membership plan, you will be eligible to receive a refund on a prorata basis. For the purpose of clarity, refund on pro-rata basis will be calculated from the month you place a cancellation request. It is hereby further clarified that the pro-rata refund shall only be for the membership plan for which the member has paid and shall not include any period of extension to the membership plan that a user may have received on account of any referrals or campaigns. Zomato reserves the right to cancel any members’ Zomato Pro member ship at any time and provide a pro-rated refund to the membership fee (if any).

q. Zomato reserves the right to terminate / suspend Your membership to the Zomato Pro , if Zomato determines in its sole discretion that (i) You have violated the terms of Zomato Pro set out herein, (ii) have been involved in activities that are in contravention of the Zomato Pro terms and/or any terms for the usage of Zomato Platform; or (iii) have engaged in activities which are fraudulent / unlawful in nature while availing any of Services of Zomato.

r. Exclusion Days: Zomato Pro can be used any day of the week during the opening hours of the Partner Restaurant except on Exclusion Days which can be found here. Exclusion period applies from the start of operational hours for the day up till 6am of the following day. Zomato Pro will not be applicable at restaurants in Yas Island (Abu Dhabi) during the Formula 1 weekend. In addition the Exclusion Days mentioned herein Zomato shall not be extended by Partner Restaurant on the days prohibited by law. Members are advised to make prior enquiry with the Partner Restaurants to confirm whether the Zomato Pro can be redeemed.

a. Exclusion Days for United Arab Emirates

No.	DATE	EVENT
1	December 31 and January 1	New Year's Eve/Day
2	February 14	Valentine's Day
3	As per lunar calendar	Eid Al Fitr
4	As per lunar calendar	Eid Al Adha
5	December 2 and December 3	National Day
6	December 24 and December 25	Christmas Eve/Day

b. Exclusion Days for India

No.	DATE	EVENT
1	December 31 and January 1	New Year's Eve/Day
2	January 15	Pongal (applicable in Tamil Nadu only)
3	February 14	Valentine's Day
4	October 22 - October 26	Durga Puja (applicable in West Bengal only)
5	November 13 and November 14	Diwali Eve/Day
6	December 24 and December 25	Christmas Eve/Day

c. Exclusion Days for Lebanon

No.	DATE	EVENT
1	December 31 and January 1		New Year's Eve/Day
2	February 14	Valentine's Day
3	As per Lebanon calendar	Easter Sunday
4	As per Lebanon calendar	Good Friday
5	As per Lebanon calendar	Eid Al Fitr
6	As per Lebanon calendar	Eid Al Adha
7	December 24 and December 25	Christmas Eve/Day

d. Personal Information: Members will be required to share certain personal information with Zomato including their name, phone number, email address, payment details, in order to purchase Zomato Pro. Zomato will use these details in accordance with the Privacy Policy published on www.zomato.com/privacy.

e. Disclaimer: The liability to extend the benefits under Zomato Pro rests solely with the Partner Restaurant and Zomato shall in no manner be liable if the Partner Restaurant does not honour the benefits under Zomato Pro. The Partner Restaurant reserves the right to refuse service to anyone in accordance with its policies. However, in the event the Partner Restaurant refuses to honour Zomato Pro in accordance with these Terms, please reach us via chat support on the Zomato app or write to us at pro@zomato.com and we shall use our best endeavour to assist you.

f. The User acknowledges that Zomato bears no responsibility for the compliance with statutory rules, regulations and licenses by Partner Restaurant. The user agrees that Zomato shall not be liable in any manner if the User is unable to avail the benefits under Zomato Pro with a Partner Restaurant due to the Partner Restaurant’s violation of any statutory rule, regulation and license.

g. Liability Limitation: Notwithstanding anything otherwise set out herein, Zomato shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Restaurant or for the member’s experience at the Partner Restaurant. Zomato shall in no manner be liable to the member if any outlet of Partner Restaurant temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Zomato’s aggregate liability for any or all claims arising from or in connection with your use of Zomato Pro shall be limited to the membership fee paid by you at the time of purchasing the membership.

h. Call Recording (For Zomato Pro members in India only): Zomato may contact Zomato Pro members via telephone, SMS or other electronic messaging or by email with information about your Zomato Pro experience or any feedback thereon. Any calls that may be made by Zomato, by itself or through a third party, to the Members or the restaurant pertaining to the experience of a user may be recorded for internal training and quality purposes by Zomato or any third party appointed by Zomato.

i. Assignment: Zomato may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.

j. Contact Us: You may contact us at pro@zomato.com for any further queries with regard to these Terms and Zomato Pro.

4. FOOD HYGIENE RATINGS:

a. The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of Zomato in partnership with certified auditors ("Hygiene Auditor(s)") to audit restaurants. The User acknowledges that Zomato is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.

b. The User understands and agrees that the Hygiene Rating(s) displayed on the Zomato Platform are for informational purposes only and merely indicate the hygiene standards of a restaurant at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards maintained by a restaurant.

c. Validity:
i. The validity of the Hygiene Rating(s) displayed on the Zomato Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the Zomato Platform.
ii. Zomato reserves the right to remove the Hygiene Rating(s) for a restaurant upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the User.

d. Disclaimer and Liability:
i. The Hygiene Rating(s) that are displayed on the Zomato Platform are on an 'as available' basis, based on the data provided to Zomato by the Hygiene Auditor(s) for a restaurant and Zomato disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the Zomato Platform.
ii. Any actions taken by a User relying upon the Hygiene Rating(s) or any information displayed in this regard on the Zomato Platform shall be strictly at such User's own risk and Zomato shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Zomato expressly disclaims all liabilities that may arise in connection to the reliance by a User on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a restaurant, or any other services that may be provided by a restaurant.
iii. Zomato shall under no circumstances be held liable if a restaurant does not display the correct and accurate Hygiene Rating(s) on its restaurant premises, website or any other platform.

e. The User acknowledges that the Hygiene Rating(s) as displayed on the Zomato Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the restaurant and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The User further understands that the restaurant is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.

f. Contact Us: You may contact us at hygiene@zomato.com for any further queries with regard to these Terms and Hygiene Ratings.

5. ZOMATO NUTRITION:

a. General Terms and Conditions

i. Zomato operates an online marketplace under the name and style “Zomato Nutrition” and provides online ordering services by entering into contractual arrangements with the Merchants dealing in various products, including but not limited to nutrition and fitness supplements, health and wellness products, drugs, ayurvedic and other nutraceutical and food products (“Nutrition Products”) offered by the Merchants, on a principal-to-principal basis for the purpose of listing their Nutrition Products for online ordering on the Zomato Platform.

ii. The Customers can access the Nutrition Products listed on the Zomato Platform and place online orders directly with the Merchant(s) through the Zomato Platform.

iii. Your request to order Nutrition Products from a Merchant listed on the Zomato Platform shall constitute an unconditional and irrevocable authorization issued in favour of Zomato to place online orders for Nutrition Products against the Merchant on your behalf.

iv. Delivery of an order placed by you through the Zomato Platform shall be facilitated by Zomato through third-party delivery partners who may be available to provide delivery services to you (“Delivery Partners”). Zomato is merely acting as an intermediary between you and the Delivery Partners, for the purpose of facilitating the delivery of your order(s). Zomato shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.

v. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Zomato is not a party under any applicable law. It is clarified that Zomato does not provide any delivery or logistics services and only enables the delivery of Nutrition Products ordered by the Customers through the Zomato Platform by connecting the Customers with the Delivery Partners.

vi. You may be charged a delivery fee for delivery of your order by the Delivery Partner, as the Delivery Partner may determine (“Delivery Charges"). You agree that Zomato is authorized to collect, on behalf of the Delivery Partner, the Delivery Charges for the delivery service provided by the Delivery Partner. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, demand during peak hours. Zomato will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.

vii. In addition to the Delivery Charges, you may also be charged an amount towards delivery of your order facilitated by the Delivery Partner, determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Zomato is authorized to collect the Delivery Surge, on behalf of the Delivery Partner, for the delivery service provided by the Delivery Partner. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, demand during peak hours. Zomato will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.

viii. Services will be available to only select geographies, and shall be subject to restrictions based on the operational hours and days of the Merchant(s)

ix. All Nutrition Products listed on the Zomato Platform will be sold at MRP unless otherwise specified. The prices listed on the Zomato Platform are as received from the Merchant(s). While Zomato takes great care to keep them up to date, the final price charged to you by the Merchant(s) may change at the time of delivery. In the event of a conflict between price on the Zomato Platform and price charged by the Merchant(s), the price charged by the Merchant(s) shall be deemed to be the correct price except Delivery Charge charged by the Delivery Partner. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

x. The total price for the Nutrition Products, including the Delivery Charges and other charges, will be displayed on the Zomato Platform when you place your order, which may be rounded up to the nearest rupee. The Customers shall make full payment towards such Nutrition Products ordered via the Zomato Platform.

xi. Any amount that may be charged to you by Zomato over and above the order value, shall be inclusive of applicable taxes.

xii. Zomato disclaims all warranties and liabilities, including liabilities with respect to ingredients and label, associated with any Nutrition Product(s) offered under the Nutrition Business. All commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Nutrition Products are offered by and agreed to between the Customer and the Merchant and the contract for purchase of any of the Nutrition Product, offered for sale on the Zomato Platform by the Merchant shall strictly be a bipartite contract between the Merchant and You.

xiii. The content on the Zomato Platform with respect to Nutrition Product(s) is purely informative and educational in nature and should not be construed as medical advice. Please use the Nutrition Product(s) only in consultation with an appropriate certified medical or healthcare professional.

xiv. Zomato does not endorse any research or claim with respect to Nutrition Product(s) published on the Zomato Platform. It is clarified that the Nutrition Product(s) are not intended to diagnose, treat, cure, or prevent any disease.

xv. Zomato is not a manufacturer, seller or distributor of the Nutrition Products but is merely an intermediary facilitating sale and purchase of Nutrition Products through the Zomato Platform.

xvi. All items offered for sale on the Zomato Platform, and the content made available by the Merchants, are third party user generated contents and third party products. Zomato has no control over such third party user generated contents and/ products and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.

xvii. Zomato shall not be liable for any acts or omissions on part of the Merchant(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to deliver the order, etc.

xviii. The Merchant shall be solely responsible to ensure that the Nutrition Products listed on the Zomato Platform are kept in stock for successful fulfillment of orders received. Zomato is not responsible if the Merchant(s) does not fulfil the contract for sale of Nutrition Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Zomato Platform at the time of placement of order by the Customer. Zomato shall not in any manner be liable to mediate any dispute between the Merchant and Customer regarding the non-performance or breach of contract entered between the Merchant and You regarding the sale and purchase of Nutrition Products through Zomato Platform.

xix. Zomato reserves the right, at its sole discretion, to limit the number of items purchased per person, or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. Zomato also reserves the right, at its sole discretion, to prohibit sales to anyone as we may deem fit.

xx. It is hereby clarified by Zomato that the liability of any violation of the applicable laws, including without limitation, the Food Safety and Standards Act, 2006 and the Drugs and Cosmetics Act, 1940, and any rules and regulations made thereunder, from time to time, shall solely rest with the Merchant(s), importers or manufacturers of the Nutrition Products.

xxi. Please note that some of the Nutrition Products may be suitable for certain ages only. You should check the Nutrition Product you are ordering and read its description, if provided, prior to placing your order. Zomato shall not be liable in the event the Nutrition Product ordered by You does not meet your dietary or any other requirements and/or restrictions.

xxii. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Zomato's terms and privacy policies.

xxiii. You or any person instructed by you shall not resell the Nutrition Products purchased via the Zomato Platform.

xxiv. Delivery periods quoted at the time of ordering are approximate only and may vary.

xxv. All offers or discounts or deals on Nutrition Products shall be for limited stocks and limited period(s). Zomato reserves the right to alter, extend or withdraw, as the case may be, any offers or discounts or promotions extended by Zomato at any time without giving any prior notice to the Customers. In such cases, such revision will be updated on the Zomato Platform accordingly.

xxvi. Any personal promo code issued to the Customer can only be used by the Customer subject to such terms and conditions set forth by Zomato from time to time.

xxvii. Contact Us: For any further query with regard to Zomato Nutrition, you may contact us via in app chat support or write to us at nutrition.support@zomato.com.

b. Cancellation, Return and Refund:

i. Cancellation by Customer: In the event of request for cancellation of the order before its delivery, Zomato may accept the request for cancellation of the order and refund the amount up to the Order Value to the Customer within a reasonable period of time, provided that it shall be the sole discretion of Zomato to accept or reject the request for cancellation of order. Zomato shall have the right to charge a cancellation fee from the customer if the merchant is charging a cancellation fee from Zomato.

ii. Cancellation by Zomato: There may be cases where Zomato is either unable to accept the order or cancels the order, due to any reasons including without limitation, technical errors, non-availability of the Nutrition Product, or non-availability of the desired quantity of the Nutrition Product ordered by the Customer, non-availability of the service, inaccuracies or errors in pricing information, inaccurate particulars such as contact number, address, etc. provided by the Customer, unresponsive Customer, etc. In such cases, You accept and acknowledge that Zomato reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the Customer, and the Customer shall accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same.

iii. If the order is cancelled after payment has been charged and the Customer is eligible for the refund of the Order Value or any part thereof in accordance with the policies of Zomato, the said amount will be reversed in the Customer’s account of the same source. In the event the Customer has provided incorrect particulars, e.g., contact number, delivery address etc., or that the Customer was unresponsive, not reachable or unavailable for fulfillment of the services offered to them, the Customer will not be eligible for any refunds.

iv. Zomato's decision of cancellation of order shall be final and Zomato shall not be liable for such cancellation(s) whatsoever;

v. Refund or Replacement: In certain cases, Zomato may offer replacement or refund, as it may in its sole discretion decide, on the Nutrition Products ordered by the Customer via the Zomato Platform, and the same shall be subject to terms and conditions as detailed below. For clarity, replacement or refund shall be subject to the Customer returning the Nutrition Product delivered to them.

vi. Replacement or Refund of the Nutrition Product can be made in cases where the Nutrition Product(s) delivered to the Customer do not match the Order; or the Nutrition Product(s) delivered are past or near their expiry date as per applicable law ; or Nutrition Products which were damaged (includes unsealed) during delivery or wrong order is delivered. Please note, do not accept the delivery of any Product which has a tampered seal. If after opening the Nutrition Product package, the Product is found to be damaged, ther resolution will be provided without Merchant(s)’ permission, unless otherwise provided under the applicable law.

vii. Zomato shall offer replacement or refund of the Nutrition Product only if the Customer raises a concern with the customer care/chat support within 14 days from the receipt of the Nutrition Product. Further, the Customer shall not be allowed to raise more than one return request per order on the Zomato Platform. The return request may be for multiple products associated with the same order.

viii. You may initiate the return request via the in app chat support or you may write to us at nutrition.support@zomato.com.

ix. Upon receiving the return request, Zomato shall first verify the nature of the request, and may request image(s) of Nutrition Product mentioned in the return request to validate the authenticity of the return request. Once verified that the claim is genuine, Zomato may require the Customer to return the Nutrition Product to such person and at such time as may be intimated by Zomato. The Customer will be required to pack the Nutrition Product(s) in the original packaging before collection.

x. Once the Nutrition Product is returned, the same shall then be verified to check whether it matches the description raised in the return request by the Customer; and/or if the seal is intact; and/or if the Nutrition Product returned is in a non damaged condition. Zomato shall process the refund or replacement only after it has received confirmation from the concerned Merchant with regard to the genuineness of the return request. Refund will be initiated within 07 (seven) days from the verification of the return request.

xi. In the event You have provided incorrect particulars, e.g., contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfillment of the services offered to You, You will not be eligible for any refund or replacement.

xii. Any complaint, with respect to the Order which shall include instances but not be limited to spillage of Nutrition Product, foreign objects in Nutrition Product, delivery of the wrong order or, poor quality, You will be required to share the proof of the same before any resolution can be provided.

xiii. You shall not be entitled to a refund or replacement in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Merchant on a best-efforts basis.

xiv. Refund Process: Once verified by Zomato, if the request for refund is genuine, refund shall be processed in the same manner as they are received. Unless refunds have been provided to the Customer in the form of Zomato credits, the refund amount will reflect in your account based on respective banks policies.

xv. Products not eligible for Return: Unless otherwise provided under the applicable law, the Nutrition Products shall not be eligible for a return or replacement under cases where the Nutrition Product has been opened, used or disfigured; If the Product is tampered; If the packaging and/or packaging box and/or packaging seal of the Product has been tampered with; If the packaging on the Product and/or the detail page of the Product mentions that the said product is non-returnable; Any accessories/freebies supplied with the Nutrition Product are missing; If the Nutrition Product does not have serial number / UPC number/ barcode affixed, which was present at the time of acceptance of the said products by the Customer from the Delivery Partner; If any damage/defect which is not covered under the manufacturer's warranty. If the product is damaged due to misuse. Please note that the Nutrition Product would not be eligible for return in case of issues/claims related to allergies. The Customer should consult with a doctor/medical expert before purchasing the Nutrition Product.

xvi. However, Zomato may accept a return request if the Nutrition Products are defective, deficient or spurious or misbranded.

xvii. It shall be the sole discretion of Zomato to decide whether the product is eligible to be returned or not and Zomato’s decision shall be final and binding on the Customers.

c. Review Guidelines for Nutrition Products: While we welcome our Customer’s opinion and descriptions of their experience(s), You agree and acknowledge that your reviews and photos, as well as your profile and the comments you share regarding Nutrition Products, are subject to the guidelines as detailed below:

i. Only one review for each online order transaction for Nutrition Product can be submitted and your most recent experience counts. You may edit and update your review based on subsequent orders at any time. Please note, reviews about old Product experiences (more than 6 months old) will be deleted from the Zomato Platform.

ii. Most of the Nutrition Products require at least one month of regular use to become effective, hence it is recommended that you share a descriptive review about your experience post using the Nutrition Product for at least a month.

iii. Zomato may in its sole discretion remove or moderate the reviews altogether without any notice if; any review is filled with junk, foul/abusive/hateful language, threats, and lewdness and/or if the review is irrelevant, inappropriate, or includes promotional content, and/or reviews with similar digital signatures, and/or reviews based on any already disclaimed or informed policies and practices of a merchant, and/or if the review is plagiarised (in full or in part). This also includes (but is not limited to) derogatory comments on someone's protected characteristics (e.g. race, gender, religion) or indication of a personal vendetta against Zomato, Merchants and their associates.

iv. Please note, if your review for a Nutrition Product has been removed or moderated by Zomato and if you repost another experience for the same Product, we reserve the right to remove that review too, even though such review might be in line with our content guidelines. In the case of spam, Zomato may restrict your review activity on Zomato.

v. The content added by You shall be in compliance with these terms as well as the applicable law.

d. Photo Guidelines for Nutrition Products: Violation of the below mentioned pointers may lead to deduction of reduced visibility or deletion of your photos -

i. Photos that are exact duplicates of other photos, multiple clicks of the same product taken from a different angles

ii. Plagiarized photos

iii. Photos of others posted without their permission

iv. Photos that contain promotional content

v. Photos that contain subject such as people in it

vi. Photos that are blurry or unclear

vii. Photos that contain text, or are not related to Nutrition product

viii. Photos of packed product /packaging

ix. Photos containing watermarks or write-ups of any kind

x. Photos containing and focussing on subjects other than the Nutrition product

xi. Unpleasant photos that ruin people's experience

XIV. Disclaimer of warranties, limitation of liability, and Indemnification

1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZOMATO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("ZOMATO PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ZOMATO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE ZOMATO PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOMATO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY ZOMATO, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ZOMATO PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ZOMATO PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZOMATO'S REASONABLE CONTROL. IN NO EVENT SHALL THE ZOMATO PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify, defend, and hold harmless the Zomato Parties 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 us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. 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.

XV. Termination of your access to the services

1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.

2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that 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

XVI. General terms

1. 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.

2. Entire Agreement and Waiver:

   The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', 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.

3. 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.

4. 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.

5. Governing Law/Waiver:

   (a) For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.

   (b) For Customers residing in UAE: These Terms shall be governed by the laws of UAE. The Courts of Dubai shall have exclusive jurisdiction over any dispute arising under these terms.

   (c) For Customers residing in Lebanon: These Terms shall be governed by the laws of Lebanon. The Courts of Beirut shall have exclusive jurisdiction over any dispute arising under these terms.

   (d) For Customers residing in the United States: These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Zomato must be resolved exclusively by a state or federal court located in Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and Zomato.

   (e) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

6. 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.

7. 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.

XVII. Notice of copyright infringement

Zomato shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Zomato Platform, or items advertised on the Zomato Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

i. Identify in writing the copyrighted material that you claim has been infringed upon;

ii. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);

iii. Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";

iv. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";

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

vi. Provide your physical or electronic signature;

vii. Send us a written communication to legal@zomato.com

You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.

XVIII. Contact Us:

1. Details of the Company

• Legal Entity Name: Zomato Limited (formerly known as Zomato Private Limited and Zomato Media Private Limited)
• CIN: U93030DL2010PTC198141
• 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: www.zomato.com (“Website”) and “Zomato” application for mobile and handheld devices
• Contact Details: info@zomato.com

2. Grievance Redressal Mechanism:

a. Customer Care Channels

• For any order related issue, you may first reach out to us via chat support on the Zomato app for real time basis resolution.
• You may write to us at order@zomato.com and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.
• For a complaint raised on order@zomato.com, you will receive a unique ticket number to track the status of your complaint.
• In case you do not receive a satisfactory response from the chat support and order@zomato.com as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated from order@zomato.com and we shall address your concern within an estimated time of forty-eight (48) hours.

b. Details of the Grievance Officer

• Kanishk Chaturvedi
• Grievance Officer, Zomato Limited
• Pioneer Square, Tower 1- Ground to 6th Floor and Tower 2- 1st and 2nd Floors,
• Near Golf Course Extension, Sector-62, Gurugram, Haryana, 122098
• Email address: grievance@zomato.com
• Time: Monday - Friday (09:00 a.m. to 18:00 p.m.)

c. Details of the Nodal person

• Ankit Agarwal
• Nodal Officer, Zomato Limited
• Pioneer Square, Tower 1- Ground to 6th Floor and Tower 2- 1st and 2nd Floors,
• Near Golf Course Extension, Sector-62, Gurugram, Haryana, 122098
• Email address: nodal@zomato.com

For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.

d. For Customers residing in the United States:

• Grievance Officer
• Zomato USA, LLC
• 601 S. Cedar Street, Suite 111
• Charlotte, NC 28202
• Email address: legal@zomato.com.

*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. Please do not reveal these details to fraudsters and imposters claiming to be calling on Zomato’s behalf. You may report such suspicious activities to order@zomato.com.