Vibe Content Creation Services Terms and Conditions

These Terms forms an integral part of the Sponsored Listing Service Request Form for Vibe Content Services (“Form”) and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the “Restaurant Partner”/“you”), and Zomato Limited (formerly known as Zomato Private Limited) (“Zomato”).

You acknowledge that these Terms will form an integral part of the restaurant partner terms and conditions (available at https://www.zomato.com/policies/zomato-dining) of Zomato Dining (“Dining Terms and Conditions”). In the event of a conflict between these Terms and the Dining Terms and Conditions, these Terms will prevail to the extent provided herein. By availing the Services (as defined below), you agree to be bound by the Terms set out below:

1. You hereby acknowledge and agree that Zomato is merely facilitating the content creation services which are provided by third-party service providers to you (“Services”). You further agree that Zomato acts solely as an intermediary between you and the third-party service providers (“Freelancer”) for the provision of the Services.
2. To avail the Services, you have agreed to provide your details to Zomato in the Form, and you further consent to Zomato sharing your details with the Freelancer.
3. The Services can be availed on a recurring basis for one restaurant page for dining out and in case of a restaurant partner operating multiple restaurants under the same legal entity, the Services can be availed, at once, for such multiple restaurants, for which you are executing the Form.
4. In consideration for the Services, you undertake to pay the fee to Zomato, as set out in the Form (“Fee”). For clarity, the fee payable for the Services, is independent of the fee payable by the Restaurant Partner to Zomato under the Dining Terms and Conditions. Zomato may revise the Fee with prior intimation to the Restaurant Partner.
5. If as per the applicable tax laws, you are liable to deduct taxes at source (“TDS”) on Fees paid to Zomato, then you shall make payment of the Fees net of such TDS and shall provide a proof of such TDS deduction within time stipulated under the applicable law. In case of non-receipt of TDS credit, Zomato has a right to claim such TDS amount as recoverable from you against the invoice issued.
6. Zomato shall raise tax invoices containing such particulars as may be prescribed under GST laws on Restaurant Partner for the services supplied to Restaurant Partner.
7. You hereby agree and understand that the Services will only be provided once the entire payment of the Fee is made to Zomato. You will not be charged any additional fee over and above the Fee.
8. You hereby authorize Zomato to instruct the Freelancer, as per the details provided by you and schedule the time and date for performance of Services. You undertake not to amend the schedule and ensure to be available for the completion of the Services on the day and time so finalised. Zomato will allow rescheduling of the Services only under the premium package, once a month. Thereafter, in the event you want to avail the Services you can reach out to us at diningsupport@zomato.com to avail the Services again in accordance with these Terms.
9. For the purpose of Services, please note that the Freelancer will not stay at the restaurant location for more than the duration of four (4) hours. Accordingly, it will be your responsibility to make sure that everything required for the shoot is ready on time (i.e before or soon after the arrival of the Freelancer) for the Freelancer to complete the shoot within the said duration. In the event you are not satisfied with the Services, then you will resolve any issues with the Freelancer, directly. You hereby acknowledge and agree that any re-shoot will be the sole discretion of the Freelancer.
10. You understand and agree that the content including any artwork(s), creative(s), logo(s), picture(s), video(s), music, write-up(s), banner(s), image(s) (“Content”) will be shared with you and Zomato by the Freelancer. You further agree to grant Zomato and its affiliates a non-exclusive, royalty-free, irrevocable and perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Content on the Zomato Application.
11. You further agree that Zomato will not be a party to any disputes or claims between you and the Freelancer for any reason arising from the Services.
12. You agree to keep Zomato, and its affiliates indemnified for all third-party claims arising from posting/using the Content. Zomato takes no responsibility and assumes no liability for posting/using the Content for which the usage rights have been granted by you.
13. Zomato shall not be liable to you for (i) special, incidental, exemplary, consequential or punitive damages, however, styled, including without limitation, lost profits or diminution in value or (ii) any losses due to forces beyond the control of Zomato or the Freelancer, including, without limitation, strikes, work stoppages, acts of war or terrorism, insurrection, revolution, nuclear or natural catastrophes or acts of God and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
14. All the rights, duties, liabilities and obligations of the respective parties under the Dining Terms and Conditions shall form an integral part of these Terms.
15. Except as may be varied/modified by these Terms, the Dining Terms and Conditions shall continue to have full force and effect. These Terms shall be governed by and construed in accordance with the laws of India and the courts of New Delhi shall have exclusive jurisdiction over any matter that arises out of these Terms.