Terms & Conditions Of The Restaurant Partner Enrollment Form For Event(s) (“Terms”)
These Terms form part of the Restaurant Partner Enrolment Form for Event(s) (as defined below), and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the "Restaurant Partner"), and Zomato Entertainment Private Limited (hereinafter known as "Zomato") and its affiliates, regarding use of the Stall (as defined below) at the Venue (as defined below) by the Restaurant Partner for the provision of Services (as defined below).
1. Definitions:#
a. “Additional Support Requirement(s)” means any on-ground support required by the Restaurant Partner with respect to electricity, eco-friendly garbage disposal bags, water, pedestal fans, etc.
b. “Attendees" shall mean the person who is attending the Event by means of purchasing a valid Ticket(s) for the Event or by access given by Zomato through a valid complimentary Ticket(s).
c. “Booking” means the reservation of the Stall at the Venue by the Restaurant Partner for the provision of Services.
d. “Electricity Allocation Timings” means the duration from 10:00 AM to 10:30 PM on the Event Day(s) during which the Restaurant Partner is allocated the electricity power load.
e. “Event” means the food & entertainment carnival organized by Zomato named “Zomaland”, through itself or along with any other third party, for such duration and at such Venue as determined by Zomato.
f. “Event Day(s)” means the days on which the Event is scheduled to be organized, as set out in the Form.
g. “Event End Date” means the date on which the Event ends at the Venue as set out in the Form.
h. “Event Guidelines” means the guidelines, rules and regulations applicable on the Restaurant Partner for providing its Services during the Event.
i. “Event Start Date” means the date from which the Event commences at the Venue as set out in the Form.
j. “Event Timings” means the duration of the Event on the Event Day(s) during which the Restaurant Partner can offer its Services to Attendees at the Venue.
k. “Form” means the duly signed Restaurant Partner Enrolment Form executed by the Restaurant Partner for participation in the Event.
l. “FSSAI” shall mean the Food Safety and Standards Authority of India.
m. “Gross Payable Amount” means the sum of Total Stall Rental Fee(s) (as defined hereunder) plus applicable taxes of the Stall booked by the Restaurant Partner.
n. “Overnight Electricity Usage” means requirement from the Restaurant Partner to have electricity at their Stall to preserve the food and beverages.
o. “Parties” means Zomato and the Restaurant Partner.
p. “Reporting Time” means the time at which the Restaurant Partner or the Restaurant Partner Staff are to be physically present at the Stall allocated to the Restaurant Partner as per the Form.
q. “Restaurant Partner” means the entity/individual being the legal owner of the restaurant as mentioned in the Form for providing the Services at the Event.
r. “Restaurant Setup Timings” means the time that shall start from 08:00 AM 1 (one) day prior to the Event Start Date until 07:00 AM on the Event Start Date.
s. “Restaurant Partner Staff” means the employees, representatives, managers, agents, sub-contractor/vendor, personnel, staff, drivers, or anyone else working under the instructions of the Restaurant Partner at the Event.
t. “Services” means the food and beverages items sold by the Restaurant Partner to the Attendees at the Stall during the Event.
u. “Set-Up Activities” means operations undertaken by a Restaurant Partner to set-up the Stall at the Event(s).
v. “SRF Material” shall mean the synthetic coated fabric which is used for the setting up of the canopy.
w. “Stall” means the space booked by the Restaurant Partner at the Venue for the Event, as set out in the Form.
x. “Ticket(s)” shall mean a reservation whether in physical (if parties mutually agree) or in an electronic form purchased by an Attendees on the ticketing platform, which allows the Attendees thereof, to access the Event Venue for which such reservation is generated. It is clarified that Ticket(s) issued at the on-ground box office, will be treated as Ticket(s) purchased on the ticketing platform.
y. “Total Stall Rental Fee(s)” means the sum of the total rental of the Stall, exclusive of applicable taxes, which shall be paid by the Restaurant Partner to Zomato.
z. “Venue” means the location where the Event(s) are organized by Zomato.
aa. “Venue Visit Timings” means the time that shall start from 06.00 pm and end at 10:00 pm 2 (two) days prior to the Event Start Date for the Restaurant Partner.
bb. “Zomato Platform” shall mean Zomato’s proprietary online website and/or mobile based order placement application.
2. Zomato’s Obligations:#
a. Subject to the terms and commercial understanding detailed in the Form read along with these Terms, Zomato shall allow the Restaurant Partner to undertake the Set-Up Activities and participate in the Event at the Venue for the Event, on such instructions shared with the Restaurant Partner from time to time.
b. Zomato shall allow the Restaurant Partner to bring to the Venue such equipment and raw materials for the Stall setup that are (i) permitted at the Venue, and/or (ii) are not prohibited by applicable laws, and/or (iii) are in compliance with the safety norms.
c. Zomato shall communicate the necessary guidelines related to the Event with the Restaurant Partner from time to time.
3. Restaurant Partner Obligations:#
a. Restaurant Partner shall ensure to complete the Set-Up Activities during the Restaurant Setup Timings only.
b. Restaurant Partner shall set-up the Stall within the designated area as provided in the Form. The Restaurant Partner shall not be permitted to perform any Set-Up Activities before or after the Restaurant Set Up Timings.
c. Restaurant Partner shall ensure to submit a complete list of the Restaurant Partner Staff to Zomato at least 5 (five) days before the Event Start Date.
d. Restaurant Partner shall ensure that the Restaurant Partner Staff carry a valid government issued photo identity card (physical/digital) while working at the Venue during the Event Day(s).
e. Restaurant Partner shall (a) undertake adequate police verification and background checks for the Restaurant Partner Staff and maintain records of the same; (b) ensure that the Restaurant Partner Staff are not intoxicated during the Event Day(s); (c) ensure that Restaurant Partner Staff always maintain a code of conduct and adhere to Venue guidelines at all times; (d) provide proper training to Restaurant Partner Staff to ensure that the Attendees are catered to efficiently.
f. Restaurant Partner shall ensure to procure a valid FSSAI license and GST registration for the provision of Services at the Venue and in the State where the Event is being organized. Restaurant Partner shall submit a valid FSSAI license and GST registration to Zomato 15 (fifteen) days before the Event Start Date. Zomato reserves the right to cancel or withhold the Booking of the Restaurant Partner in lieu of the non-compliance of such rules and regulations within the prescribed timelines by Zomato. The Restaurant Partner shall display the FSSAI License and GST Certificate specific to the Event at its Stall.
g. The Restaurant Partner warrants that it complies with and will remain compliant with applicable laws including applicable tax laws and the applicable rules and regulations made thereunder and any other regulations or standards and hereby agrees to indemnify Zomato from any taxes/penalty/fine/loss/any other amount that may be incurred by Zomato or levied on Zomato by relevant authorities, due to or arising out of any activity conducted by the Restaurant Partner at the Event.
h. Restaurant Partner shall comply with all applicable laws, amendments, rules and regulations made thereunder.
i. Restaurant Partner shall not engage in any fraudulent activity or misuse any benefits extended by Zomato to the Restaurant Partner. Restaurant Partner shall be liable to Zomato in the event Zomato becomes aware of any fraudulent activity undertaken by the Restaurant Partner and Zomato reserves the right to take appropriate action against the Restaurant Partner for such fraudulent activity as per its discretion.
i. The Restaurant Partner warrants that the food and beverages provided to the Attendees are:
i. of high quality and fit for human consumption;
ii. compliant with Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder; and
iii. compliant with all other relevant Indian legislation, including all applicable food industry regulations.
j. The Restaurant Partner warrants that the food and beverages provided to the Attendees are:
i. of high quality and fit for human consumption;
ii. compliant with Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder; and
iii. compliant with all other relevant Indian legislation, including all applicable food industry regulations.
k. Restaurant Partner shall comply with all the terms and conditions, and guidelines applicable on the use of Venue.
l. Restaurant Partner shall be solely responsible for any loss, damage, or injury caused to third parties, including Attendees, other restaurant partners and any other third party for any reason that is attributable to the Restaurant Partner or the Restaurant Partner Staff.
m. Restaurant Partner shall be solely responsible for any damage to the SRF material of the canopy (that covers top & 3 (three) sides) provided to the Restaurant Partner at their designated Stall area. The damage includes but does not limit to holes, burn marks, spots, discoloration, etc. Zomato reserves the right to levy a penalty for the damages caused to the SRF material as per Zomato’s discretion and assessment of the damage, which shall be payable by the Restaurant Partner before leaving the Venue. Upon failure to do so, Zomato will reserve the right to claim damages through appropriate legal recourse.
n. Any consumption or possession of contraband substances is strictly prohibited at the Stall are of the Restaurant Partner. The Restaurant Partner confirms that any such consumption or possession of the contraband substances by Restaurant Partner Staff shall be the sole responsibility of the Restaurant Partner and Zomato reserves the right to take appropriate action as per its guidelines.
o. Restaurant Partner shall address and resolve all Attendees complaints received by Zomato relating to the efficacy, quality, or any other issues relating to the Services or behaviour of Restaurant Partner Staff during the Event. Zomato will not be responsible or liable to address any such complaints received from the Attendees.
p. The Restaurant Partner agrees and acknowledges that any Additional Support Requirement(s) shall be communicated to Zomato by the Restaurant Partner minimum fifteen (15) days prior to the Event. The cost for such Additional Support Requirement will be payable by the Restaurant Partner to Zomato’s authorised service provider which shall be communicated over email.
q. The Restaurant Partner acknowledges and agrees that the Restaurant Partner shall be required to furnish a copy of its PAN Card, TAN, GSTIN, FSSAI license, and, any other details/documents required as per applicable law and as may be requested by Zomato, failing which, Zomato reserves the right to curtail the entry of the Restaurant Partner at the Event, without refunding any amount paid by the Restaurant Partner to Zomato under the Form.
r. The Restaurant Partner shall adhere to the highest standard of work, health & safety norms, and practices and shall be proactive in taking such measures as may be required to achieve the same, including but not limited to:
i. health and safety of Attendees, other restaurant partners, and any other third party present at the Venue are not put at risk;
ii. adhering to the Event and Venue guidelines while undertaking Stall Set-Up Activities, cooking process, and branding guidelines as shared by Zomato from time to time;
iii. take special care with ovens, equipment wiring, managing electricity load, glow signages, Stall structure, decor, and safety of Attendees, other restaurant partners and personnel around the Stall while cooking. Zomato reserves the right to enforce changes in the cooking process if they feel the safety and deliverables of any person present at the Venue are hampered or at risk; and
iv. not use gas/LPG cylinders, grill and/or tandoor at the Venue during the Event, for any reasons whatsoever.
v. the Restaurant Partner shall follow the highest standards of hygiene and cleanliness in their cooking, materials, packaging, and presentation steps such as using gloves, maintaining clean kitchen areas, changing water, using dustbins, discarding waste timely, improving Stall odour, waste management and keeping flies and other foreign objects away from the food and beverages. Zomato retains the right to revise the process flow, alter/change the look of the Stall to facilitate hygiene, and/or ask the Restaurant Partner to stop selling if hygiene standards and quality of the foods and beverages are poor.
s. The Restaurant Partner shall not allow any other establishment/brand to provide Services or carry out branding/promotional activities in the Stall or Venue allotted to it pursuant to the Booking.
t. The Venue is strictly a “NO LITTERING” zone and the Restaurant Partner warrants to adhere to this on a strict basis. Smoking shall be allowed at the designated areas at the Venue which shall be determined by Zomato and is subject to change from time to time. Zomato at its sole discretion can restrict access to such designated smoking areas for the Restaurant Partner and/or Restaurant Partner Staff. Zomato also reserves the right to restrict or stop smoking at the Venue.
u. The Restaurant Partner shall be responsible to provide a comprehensive list of all the equipments to be used at the Event by the Restaurant Partner minimum fifteen (15) days prior to the Event Start Date.
v. The Restaurant Partner shall comply with the applicable laws on the ban of single-use plastic and shall ensure that neither single-use plastic is used in packing any order nor is any cutlery made from single-use plastic provided with the order. Restaurant Partner agrees and acknowledges that Zomato shall reserve the right to cancel all orders that are packed by the Restaurant Partner using single-use plastic. Further, any loss suffered by Zomato due to use of single-use plastic by Restaurant Partner, whether on account of any fine imposed by the authorities on Zomato or otherwise, shall be recovered from the Restaurant Partner.
w. The Restaurant Partner agrees and acknowledges that Zomato shall not provide any extra tables or chairs to the Restaurant Partner whether at the Stall or in the common seating area. In the event, a Restaurant Partner wishes to bring extra furniture like tables, chairs for seating, cooking, plating, cutting or any other operation purpose, then the same shall only be within the Stall area or kitchen area behind the Stall allocated to the Restaurant Partner, only with prior written approval from Zomato before the Event.
x. The Restaurant Partner shall solely be responsible for any loss or damage to the chairs, water container or any other furniture provided by Zomato to the Restaurant Partner. In the event of any loss, damage to the above mentioned items, the Restaurant Partner shall be liable to pay the penalty for such loss and damage specified by Zomato at its sole discretion.
y. The Restaurant Partner shall not bring their own generator or temporary power backup source for any Stall unless approved by Zomato in writing prior to any Event. In respect of any such equipment or support services that the Restaurant Partner wishes to avail, the Restaurant Partner shall discuss the same and get it approved by Zomato prior to the Event in writing.
z. The Restaurant Partner and/or Restaurant Partner Staff are prohibited to play music at their Stall in any form whether live or recorded through any form of electronic equipment or device without prior approval from Zomato. Zomato, at their own discretion reserves the right to stop the Restaurant Partner from playing any kind of music or doing any activity at the Stall that may create operational issues or challenges for anyone present at the Event. Zomato, at all times reserves the right to confiscate or remove such equipment, item and/or structure from the Event.
aa. The Restaurant Partner or the Restaurant Partner Staff is prohibited to enter the VIP area designated by Zomato unless instructed by Zomato to enter the VIP area to provide the Services.
bb. The Restaurant Partner shall not use the Attendees data for sending any unsolicited marketing message, promotional messages, or announcements during or after the Event.
cc. The Restaurant Partner acknowledges and agrees that any asset/equipment/machine, such as POS machines/ credit card/debit card swipe machines, bags etc., provided by Restaurant Partner to the Restaurant Partner Staff, shall be at the sole risk of the Restaurant Partner. The Restaurant Partner further agrees and undertakes that it shall be solely liable if any such asset provided to the Restaurant Partner Staff, is damaged or stolen and Zomato shall not be liable to pay any damages to the Restaurant Partner for the same and/or bear cost of the asset.
dd. The Restaurant Partner shall ensure to protect and maintain the Attendees experience during the Event by accurately displaying the details of the restaurant including but not limited to item names, MRP and the images in the menu.
ee. The Restaurant Partner shall be responsible to ensure the safety of all the material, equipment, raw material etc. at the Venue during and post the Event Timings. Zomato in no event shall be liable for any loss, theft, damage, etc. to any material, cash, equipment, raw material etc. belonging to the Restaurant Partner.
ff. The Restaurant Partner shall take the cash insurance and/or any other insurance as may be applicable, if so required for their items, materials, equipment and personal belongings during the Event. Zomato shall not be liable to pay any cost on account of loss and/or damages occurred to the Restaurant Partner during or post the Event.
gg. The Restaurant Partner shall ensure that no professional, SLR or DSLR or drone cameras or recording (sound or video) equipment shall be permitted in the Venue and the Restaurant Partner is prohibited from bringing any such items to the Venue for recording any part of the Event.
hh. Electrical Safety, Checks & Correction Measures: The Restaurant Partner shall ensure that it lays down its equipments, electrical cables, switch boards, extension cords, furniture, raw materials, packaging materials etc. in a manner that it does not cause any potential safety risk including electrical or fire safety hazard. Zomato and/or its authorised service provider reserve the right to check and inspect the Restaurant Partner Stall and/or the kitchen/back area at any time during the Event or during the Restaurant Partner Setup Timings. In the event, Zomato and/or its authorised service provider identify something that may result in any potential safety risk including fire safety or electrical safety risk, then Zomato and/or its authorised service provider shall suggest corrective and preventive measures that the Restaurant Partner has to strictly follow and comply with. In the event, the Restaurant Partner does not adhere to make appropriate changes as suggested by Zomato and/or it authorised service provider, then Zomato reserves the right to stop any activity of cooking, display, sales etc. at the Stall by the Restaurant Partner for any duration or the whole Event at Zomato’s sole discretion.
ii. The Restaurant Partner agrees and acknowledges that at the Event Venue there can be disruptions in the network services which may result in poor phone network, failed UPI transactions or failed credit/debit card transactions etc. In such scenarios Zomato shall not be liable to the Restaurant Partner or any third party for any loss, damage etc. resulting from such disruption in the network services.
4. Payments:#
a. For making a Booking, the Restaurant Partner shall make the complete payment towards the Gross Payable Amount within 3 (three) days of signing of the Form.
b. Restaurant Partner shall make the payment towards the Gross Payable Amount in the format as detailed below:
i. Zomato Pay Later: Under this method, the Gross Payable Amount payable by the Restaurant Partner to Zomato shall be deducted from its ongoing payout (as defined in the agreement executed between the Restaurant Partner and Zomato for food ordering and delivery services). The Restaurant Partner, on behalf of itself and its affiliates, hereby unconditionally and irrevocably authorizes Zomato and all Zomato Group Companies to withhold and deduct any amounts payable to the Restaurant Partner under any agreement, arrangement or understanding between the Restaurant Partner and any Zomato Group Company, and apply such amounts to set-off any amounts owed by the Restaurant Partner to Zomato under, or in connection with the Form and/or Terms. For the provisions of this clause, the term “Zomato Group Company” shall be deemed to include its parent company (i.e., Zomato Limited) and any of its affiliates and subsidiaries.
ii. Online Transfer: Under this method, a payment link will be generated via which the Restaurant Partner can make payment of the Gross Payable Amount through debit/credit cards, net banking, UPI and/or any other online wallet options as applicable and available at the time of payment of the Gross Payable Amount.
c. Zomato shall raise tax invoices on the Restaurant Partner containing such particulars as may be prescribed under the Goods and Service Tax (“GST”) Act and rules made thereunder, as amended from time to time for the Gross Payable Amount payable by the Restaurant Partner.
d. If as per the applicable tax laws the Restaurant Partner is liable to deduct TDS on payments made to Zomato, then the Restaurant Partner shall pay such TDS amount from its own pocket and report the same against Zomato’s PAN. Zomato shall refund such TDS amount as deducted and paid by the Restaurant Partner upon submission of TDS Certificate to Zomato within 90 days from the end of the quarter in which Total Stall Rental Fee(s) is paid by the Restaurant Partner. In case of non-receipt of TDS credit, Zomato has a right to claim such TDS amount as recoverable from the Restaurant Partner against the invoice issued.
e. Zomato shall raise appropriate invoice(s) on the Restaurant Partner based on the Stall category selected in the Form .
f. Prior to the execution of the Form, the Restaurant Partner shall provide GST identification number and such other documents as may be required by Zomato for the purpose of generating appropriate tax invoices.
5. Cancellation and Refunds:#
a. Zomato reserves the right to terminate/cancel the Form, at any time prior to the Event Start Date (“Zomato Cancellation Period”) without assigning any reason thereof and in such case Zomato shall refund 100% (hundred percent) of Gross Payable Amount or any part thereof that may have been received by Zomato from the Restaurant Partner under the Form for the Event.
b. Zomato reserves the right to terminate/cancel the Form at any time prior or during the Event without refunding any amounts, whatsoever, including the Gross Payable Amount received by Zomato from the Restaurant Partner under this Form, if:
i. Zomato determines, in its sole discretion, that the Restaurant Partner has violated or is violating any applicable laws; and/or is in breach of any terms of the Form read along with these Terms;
ii. the Restaurant Partner, itself or through Restaurant Partner Staff does not physically report at the Venue at the Reporting Time. In such an event, Zomato may, in its sole discretion, cancel Restaurant Partner Stall Booking, allot the Stall booked by the Restaurant Partner to any third party without any liability towards the Restaurant Partner, whatsoever.
c. The Restaurant Partner cannot terminate/cancel the Form for a period of 30 (thirty) days prior to the Event Start Date. In the event, the Restaurant Partner wishes to terminate/cancel the Form during the aforesaid 30 (thirty) days period prior to the Event Start Date, Zomato shall not be liable to refund any amount paid by the Restaurant Partner. However, if the Restaurant Partner terminates/cancels the Form beyond the 30 (thirty) days period prior to the Event Start Date by providing written notice to Zomato, in which case Zomato will refund 50% (fifty percent) of the Gross Payable Amount that has been paid by the Restaurant Partner to Zomato as per the Form (“Restaurant Partner Cancellation Period”).
6. Code of Conduct:#
a. Restaurant Partner and the Restaurant Partner Staff must be polite towards the Attendees, other restaurant partners or any third party present at the Venue.
b. Restaurant Partner is not allowed to sell Event Ticket(s), steal any material, including but not limited to tables, chairs, art installations, dustbins, branding materials, decorative items, etc, of Zomato and/or any third party, causing any deliberate material damage, interfere with the workflow of Zomato and/or authorities, intentionally violate the Event Guidelines and/or indulge in any activity that is deemed illegal, offensive to others and against the Event Guidelines.
c. The Event strives to be plastic-free and encourages all Restaurant Partners to join hands with Zomato to minimize their plastic and carbon footprint. The Restaurant Partners are encouraged to strictly avoid usage and sale of plastic, i.e. PET-based mineral water bottles. The Restaurant Partners are encouraged to strictly avoid usage and sale of plastic, i.e. PET-based mineral water bottles. Use of paper straws, jute bags, wooden cutlery, paper plates and refillable cups and dispensers for water are some of the many ways in which Restaurant Partners can contribute to lowering the plastic waste generated by the Event.
d. Appropriate waste management is an integral part of the Event. Zomato will give instructions ensure segregation of waste through provision of separate dry and wet waste bins. Proper segregation shall help in encouraging recycling and in reducing carbon footprint associated with the event. Such waste management instructions will be given to all restaurant partners before the start of or during the Event and the restaurant partners shall ensure the Restaurant Partner Staff take all necessary steps to abide by the same.
7. Venue Rules:#
a. The Restaurant Partner can start offloading all the raw materials, goods, and equipment in order to set up its Stall at the Event Start Date during the Restaurant Set Up Timings. Restaurant Partner must complete the Set-Up Activities within the Restaurant Setup Timings.
b. Certain equipment may not be allowed, based on the type and rules of the Venue, and these rules may be subject to change on the basis the discretion of the Venue provider. Any such restrictions may be communicated by Zomato to the Restaurant Partner prior to the Reporting Time. The Restaurant Partner shall go through the Venue guidelines to keep themselves aware of the restrictions that are to be followed during the Event. The Restaurant Partner agrees to adhere to any restriction applicable to the Venue.
c. If a Restaurant Partner wants to build a structure on the allocated Stall or setup the Stall without the canopy provided to them, then the same shall be done only after taking a prior written approval from Zomato. To build a structure, the Restaurant Partner may be required to procure a structural stability certificate authorized by an engineer on behalf of the Restaurant Partner as requested by the Venue provider and/or Zomato. In the event, the Restaurant Provider is unable to provide the stability certificate to Zomato then the Restaurant Partner would not be allowed to build the structure or do the Stall setup as per their plan. The Restaurant Partner shall ensure that it builds the structure in compliance with applicable laws, including but not limited to the fire safety guidelines. Restaurant Partner shall not build any structure in the Stall without the prior written approval of Zomato.
d. Zomato shall facilitate the provision of providing tables, chairs and water as per the Stall category selected by the Restaurant Partner while executing and completing the Form. Restaurant Partner shall not use water provided by Zomato for any other purpose except cleaning.
e. If required by the Restaurant Partner, Zomato or its authorised service provider may help facilitate electricity/power load/Overnight Electricity Usage for the Stall during the Event as may be provided by the Venue provider. Restaurant Partner shall be provided with one warm white LED halogen light in the Stall. If the Restaurant Partner needs any additional light, it may be installed by the Restaurant Partner at its own cost after taking a written approval from Zomato 7 (seven) days prior to the Event Start Date.
f. Zomato shall not be responsible for cleanliness within the Stall, the Restaurant Partner shall ensure to have a hygienic environment for cooking and serving food, and beverages to the Attendees. The Restaurant Partner must carry dustbins, garbage bags and place the same in the designated space behind the Stall. All material required for cleaning like garbage bags, etc. must not be single-use plastic.
Restaurant Partner warrants to follow and abide by the applicable government policies applicable around the use of plastic and waste disposal.
g. The Restaurant Partner is required to maintain distinct and properly organised kitchen and storage areas behind the Stall. It is strictly prohibited to leave materials, including cardboard boxes and surplus equipment, lying around, as these could pose potential fire safety risks and Zomato reserves the right to remove any such equipment from the Stall area at its sole discretion.
h. Restaurant Partner Staff shall strictly comply with the guidelines prescribed by Zomato during the Event.
8. Food & Beverage Sale at the Event:#
a. The Restaurant Partner must have a menu displayed or kept at their Stall with the list of food and beverage items along with the prices for each such item.
b. The Restaurant Partner is prohibited from selling alcoholic beverages, merchandise or any other items except food items and non-alcoholic beverages at their Stall at the Event.
c. Restaurant Partner shall serve the food items and beverages only in biodegradable and sustainable packaging and serving material. For the sale of non-alcoholic beverages that are branded and packaged products, the Restaurant Partner shall serve/sell the same in biodegradable & sustainable glasses/cups/ bottles. Restaurant Partner shall not use plastic/glass bottles at the Event.
d. The Restaurant Partner is prohibited from vending any packaged food or beverages during the Event that could potentially create a conflict of interests with sponsors associated with Zomato for the Event.
e. The Restaurant Partner shall refrain from selling water in plastic bottles and use sustainable glasses and cups to serve water at the Event.
f. Using “Single Use Plastic” material for any operational activity, marketing activity or as packaging or serving material is strictly prohibited at the Event. Single use products range including but not limited to disposable dishes,cutlery plastic straws, polythene bags, balloons, coffee stirrers, food packaging, plastic beverage bottles, stickers, etc. Any penalties and/or repercussions for use of ‘Single Use Plastic’ on the Restaurant Partner is solely the responsibility of the Restaurant Partner and Zomato shall be kept indemnified and protected from any such penalties and/or repercussions.
g. The sale of packaged food items is not permitted to be sold at the price beyond its maximum retail price.
h. After an Attendee has availed the Services, the Restaurant Partner must provide an invoice, in accordance
with applicable laws, for the Services provided to the Attendees.
i. Zomato reserves the right to stop sale of a particular food item or beverage in cases where there is a
conflict due to regulations or guidelines from a sponsor, Venue provider or any relevant government
authority.
j. Zomato reserves the right to inspect and stop the sale of any food or beverage items if found that such
food or beverage items may cause or have caused any harm to Attendees health due to its quality and/or
its ingredients.
k. Restaurant Partner shall not sell food and beverage items containing any contraband substances at the
Event.
l. In cases where the cooking process or display of food items and beverages may pose any danger or may
cause any harm to the Attendees, other restaurant partners and/or other participants at the Event or is posing any operational challenges for Zomato and/or any third party, then Zomato reserves the right to suggest an alternate cooking process for the same and if need be, stop the Restaurant Partner from using the process or sale of the particular food/beverage item.
m. In case the Restaurant Partner is serving any alcohol based/alcohol-infused food item or beverages, the same has to be discussed with and approved by Zomato in writing. Zomato reserves the right to refuse the sale of such alcohol-based/alcohol-infused food item or beverages as per their discretion at the time of the Event in addition to any other penalties that can be imposed on Restaurant Partner by Zomato.
n. The Restaurant Partner shall ensure that the ingredients/specifications used for preparation of the food items and beverages as determined and shared by the Restaurant Partner in their menu offered at the Event, must be true and same to the actual dishes and food items sold or served by the Restaurant Partner to the Attendees at each Event for the Event Duration. The Restaurant Partner shall always remain responsible for any change in the ingredients/specifications used for preparation of the food items and beverages at the Event and shall keep Zomato protected and indemnified in case any claim is raised by the Attendees, other restaurant partners and/or any other third party.
o. Restaurant Partner shall ensure that no food is wasted at the Event, incase of any leftover food the same shall be donated to the needy at the end of the Event.
9. Event Branding & Collateral Placement:#
a. Zomato shall provide a Standard Name Plate (“Name Board”) that would be mounted/put at the centre top of the canopy to the Restaurant Partner.
b. Restaurant Partner can choose to put the board given by Zomato or put their own board at the Event with minimum one (1) week prior intimation to Zomato before the Event subject to approval by Zomato at its sole discretion.
c. The Name Board shall have the Restaurant Partner brand name, indicating Stall categorization in terms of cuisines, etc. as determined by Zomato.
d. If required by the Restaurant Partner and upon receiving a written request, Zomato may share a soft copy of the print file of the Name Board with the Restaurant Partner for reference.
e. The Restaurant Partner may bring some print collaterals, menu boards, signages, etc. for display in their Stall area, but such material and their placement are subject to approval from the Zomato team at the Event.
f. The Restaurant Partner shall use eco-friendly, recycled paper or even seed paper including but not limited to menu boards, posters and any other print collaterals for display in their Stall area.
g. If Zomato deems any material, standee, mascot, collateral or item placement by the Restaurant Partner is creating operational risks or challenges for the Event or any other restaurant partner or obscuring the view/visibility of other restaurant partners, then upon instructions from Zomato, the Restaurant Partner shall remove them from the said area.
h. Restaurant Partner shall not be allowed to distribute flyers, samples of product/ food items, have mascots, standees outside their Stall or have branding material without prior consent of Zomato.
i. The Restaurant Partner shall not be allowed to distribute flyers, samples of product/ food items, have mascots, standees outside their Stall or have branding material without prior consent of Zomato.
j. Any distribution, marketing, or other activities that the Restaurant Partner wishes to conduct other than the sale of food items and non-alcoholic beverages, must be approved by Zomato prior to the Event in writing.
k. Restaurant Partner shall ensure that the placement of any material, equipment, standees, signages, menus, etc. must be done with utmost safety and should not cause damage to any property or anyone’s health.
l. For placement of inlit signages, menus, additional lights, and props, the Restaurant Partner shall discuss the same with the Zomato team and the execution team on ground handling the canopies and other provisions.
10. Stall Allocation and Layout:#
a. Restaurant Partner understands and agrees that Stall allocation shall be within the chosen category as provided under the Form and shall be on a first come first serve basis.
b. The Venue layout is subject to change given multiple factors before/during the Event at the sole discretion of Zomato basis the overall Event dynamics/aesthetics. Accordingly, Zomato reserves the right to change the Venue layout at any time before the Reporting Time, without giving any intimation to the Restaurant Partner.
c. In case of any operational challenges for the Zomato and/or any third party or risk to the Event, upon discussion with the Restaurant Partner, Zomato reserves the right to change or modify the location of the Stall booked by the Restaurant Partner in any part of the Event.
d. Restaurant Partner is only allowed to execute service of food items and beverage sale, cooking, setup within the allocated Stall area as per their Booking in the Form.
e. Restaurant Partner cannot encroach the Stall booked by any other restaurant partner, or the area or space allocated to any other sponsor at the Event.
11. Event Access for Restaurant Partner:#
a. Zomato shall provide limited access to the Restaurant Partner for the Restaurant Partner Staff to manage and operate the Stall for provision of Services. Zomato reserves the right to admission to any area of the Event.
b. Restaurant Partner Staff may not be given access to the entire Venue. The bands/accreditations given to the Restaurant Partner Staff by Zomato will provide access only to the Restaurant Partner Stall and specific areas.
c. Bands given to the Restaurant Partner Staff should not be removed/tampered with at any time. Restaurant Partner Staff without bands/tampered bands will be denied entry to the Event. The Restaurant Partner and the Restaurant Partner Staff shall wear the bands at all times during the Event.
d. Restaurant Partner acknowledges that the movement of their equipment and permissions required for the same is the sole responsibility of the Restaurant Partner and the Restaurant Partner is liable for any loss/damage caused to any part of the Event by act of Restaurant Partner or the Restaurant Partner Staff.
e. Zomato shall not be responsible for any loss of or damage to the personal belongings of the Restaurant Partner at the Event.
f. Restaurant Partner shall not bring their vehicle, truck, service vehicle, or any other logistics equipment to the Venue before 12.00 am on any Event Day(s) for stock replenishment or loading or dismantling.
g. Loading and unloading shall be done only at the designated gate at the Venue. Details of the gate designated for loading and unloading shall be informed by Zomato before the Event Start Date. Under no circumstances shall any vehicle of Restaurant Partner be allowed inside the Venue.
h. Access to the Event Ticket(s) to the Restaurant Partner would be limited and would be basis the guidelines shared with the Restaurant Partner before the Event Start Date.
i. Restaurant Partner shall not be allowed access to restricted and reserved areas of the Event that would be determined from time to time by Zomato for each Event. Zomato solely reserves the right of admission to the Event and/or any other restricted or reserved areas of the Venue for each Event.
j. Zomato reserves the right to cancel at their discretion, the access of any of the Restaurant Partner Staff for reasons including but not limited to breach of code of conduct, misbehavior, violation of Event Guidelines, etc.
k. Zomato reserves the right to check the equipment, raw materials, bags and other items of the Restaurant Partner for safety and security purposes. The security check can be done before or during the Event, without any prior intimation to the Restaurant Partner.
l. Zomato reserves the right to perform security checks on Restaurant Partner and/or Restaurant Partner Staff at the entry point or at any other time at the Event including frisking and refusing admission or evicting the Restaurant Partner and/or Restaurant Partner Staff for reasons of security.
12. Electrical Safety Guidelines:#
a. Restaurant Partner shall not be allowed to directly put live wires into the socket/ electricity unit boxes. All equipment and electronic items should have a proper plug, which is a necessity before putting them in the sockets. Restaurant Partner can seek help from Zomato in case this issue arises at the Event. Restaurant Partner shall communicate any additional electricity requirement to Zomato at least 15 (fifteen) days before the Restaurant Setup Timings.
b. If a Restaurant Partner is using its own electrician, the Restaurant Partner shall need to inform Zomato in advance, to ensure that the electricity and fire safety team can be consulted on the same.
c. Many electrical lines would be running in parallel behind the Restaurant Partner Stall. Restaurant Partner shall remain careful to not damage any of these lines and setup the Stall backspace basis Zomato’s instructions from time to time. The Restaurant Partner shall bear all costs and damages for any loss caused to Zomato, due to negligence towards the electrical setup by the Restaurant Partner.
d. The Restaurant Partner must not hamper the LED halogen light placed on its respective Stall. Any loss/damage caused to the LED halogen light shall remain the sole responsibility of the Restaurant Partner and any cost incurred by Zomato for such loss/damage shall be reimbursed by the Restaurant Partner.
e. Restaurant Partner shall always ensure safety as its top priority for Zomato, Attendees, other restaurant partners and/or any third party.
f. Any socket outlets, extension cords, plugs, or other connectors exposed to the weather must be protected from water. Socket outlets and plugs must be fire retardant & IP (ingress protection) rated for their location, and the extension lead plugs & socket wires must have appropriate coverings. The Restaurant Partner Staff at the Stall and those who would be handling any electrical equipment at any time must wear rubber shoes/ footwear and appropriate gloves (if needed) to handle the wires and connections. No naked/cut/open/live wires, plus & sockets are allowed at the Event. The Restaurant Partner would need to fulfill these requirements and uphold safety compliances as required by Zomato in order to continue seamless operations and provision of Services at the Event. Zomato shall not be responsible for any injury to the staff of Attendees, Restaurant Partner, Restaurant Partner Staff and/or any other third party from causing any damage to the Stall, Venue, or any material kept at the Venue. Restaurant Partner hereby agrees to indemnify and keep Zomato harmless in case of any such injury or damage that takes place at the Event due to Restaurant Partner negligence and/or omission towards including but not limited electrical equipment, wiring, sockets, plugs, lights etc.
13. Hygiene & Food Safety Guidelines:#
a. Restaurant Partner must ensure to have a hygienic environment for cooking and cleaning at the Stall.
b. Restaurant Partner must carry dustbins and biodegradable garbage bags and dump all the wastes in their designated space behind the Stall.
c. Restaurant Partner shall ensure that the Restaurant Partner Staff wears gloves and caps while cooking and serving the food to the Attendees.
d. All food items on display must be labeled appropriately, and proper care should be taken to indicate the vegetarian and non-vegetarian food items.
e. The Restaurant Partner Staff shall avoid wearing loose items that might fall into the food and also avoid touching or scratching their face, head, or hair.
f. Fuel, detergents, soaps, etc. should be stored in dedicated containers that should be stored away from the food handling zone.
g. All food should be covered and protected against dust and dirt.
h. Leftovers and perishable unsold food items should be disposed of hygienically and shall not be used for
selling.
i. Beards and moustaches may also need to be covered with guarded nets or else must be clean-shaven. The Restaurant Partner and Restaurant Partner Staff should not wear makeup, bindis, or strong perfume while handling the food.
j. Nails of the Restaurant Partner Staff must be clean and well-trimmed.
k. Restaurant Partner and Restaurant Partner Staff must wash or sanitise hands at regular intervals during the Event.
l. Restaurant Partner and Restaurant Partner Staff should not eat chewing gum or tobacco, smoke, or demonstrate unhygienic habits while handling the food or when in designated food-handling areas.
m. Restaurant Partner and Restaurant Partner Staff Should not be suffering from any illness and/or have any uncovered infectious wounds.
n. All bags and baggage of the Restaurant Partner and Restaurant Partner Staff must be kept in a separate area away from the food-handling areas.
o. Good quality raw materials shall be used to prepare the foods. No expired or spoiled food, non-permitted additives, or excess of permitted additives to be used in the preparation of food.
p. Countertops, cutting boards, utensils, pots, and pans must be cleaned and sanitised before and after they touch food items.
q. No food items are to be stored or kept directly on the floor.
r. Restaurant Partner shall use a clean refrigerator/freezer to maintain the food at appropriate temperatures.
s. Restaurant Partner shall not reuse empty packaged drinking water bottles to store any food or beverage items.
t. Restaurant Partner shall not keep food in an open area for display without proper covering.
u. Restaurant Partner shall use ice cubes that are of good quality. These ice cubes shall be stored in a clean
& hygienic manner.
v. Restaurant Partner shall adhere to good hygiene practices as issued by FSSAI or any additional hygiene and food safety guidelines or instructions provided by Zomato during the Event.
14. COVID-19 Safety Guidelines:#
a. Practise good respiratory etiquette, including covering coughs and sneezes or coughing/sneezing into your elbow/upper sleeve.
b. Restaurant Partner shall ensure that the Restaurant Partner Staff are double vaccinated and must carry their COVID-19 vaccination certificate (physical/digital) with them to the Venue.
c. Restaurant Partner Staff shall keep washing hands with soap and water or clean them with an alcohol-based hand sanitizer frequently.
d. Restaurant Partner Staff shall continue to always exercise all precautionary measures during the Event.
e. Restaurant Partner Staff shall make sure to clean and disinfect surfaces frequently, especially those which
are regularly touched during the cooking process.
f. If any of the Restaurant Partner Staff develops signs or symptoms of COVID-19 at the Event, the
Restaurant Partner shall send such Restaurant Partner Staff outside the Venue and/or shall seek immediate medical care and attention.
g. Restaurant Partner and the Restaurant Partner Staff must adhere to the COVID 19 guidelines, as recommended by the State and Central Government, local authorities at all times and should cooperate with the team during the temperature checks at the Venue.
h. In the event, there are any additional COVID-19 safety guidelines provided by the Venue provider, then the Restaurant Partner has to adhere to them as well for the Event Day(s).
i. Zomato reserves the right to deny entry and ask the Restaurant Partner and the Restaurant Partner Staff to leave the Venue in cases of any visible symptoms of COVID-19.
15. Fire Safety Guidelines:#
a. Restaurant Partner shall use zinc bases for all electrical equipment used at the Event by the Restaurant Partner.
b. Restaurant Partner shall plan the use of electricity load in ways to avoid any kind of fire safety issue and a safe cooking process shall be used to avoid any fire hazards.
c. Restaurant Partner shall ensure that the firefighting equipment including fire extinguisher is kept at the designated location at the Venue. Restaurant Partner shall ensure at least one of the Restaurant Partner Staff is trained to handle the firefighting equipment.
d. Restaurant Partner shall ensure that no open flame cooking will be allowed at the Event.
e. Restaurant Partner must keep cooking areas clean and clear of combustibles (i.e., potholders, towels,
rags, food packaging).
16. Intellectual Property Rights:#
a. Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, copied, or altered in any manner without being specifically authorized in writing by that other Party.
b. Zomato shall not be liable for contents and images shared, uploaded or displayed in the Stall/ Venue by the Restaurant Partner.
c. Restaurant Partner hereby grants to Zomato a non-exclusive, irrevocable, royalty free right to use and include Restaurant Partner’s trademarks (as may be provided by the Restaurant Partner to Zomato), including but not limited to the brand logo, images, taglines, food pictures, Restaurant Partner’s corporate name on the Platform and in any directory or promotional material produced in connection with the promotion of the Event.
d. Restaurant Partner further declares to Zomato that it shall not violate the intellectual property rights of Zomato and/or any third party.
e. The Restaurant Partner hereby acknowledges that Zomato may capture content including images, videos etc., at the Event ("Event IPR"). Zomato shall be the sole owner of such Event IPR including but not limited to the motion-video footage, still images or images that might by any process be extracted from the video, and rough and final cut of the Event IPR. Restaurant Partner must adhere to the marketing guidelines of Zomato while cross-promoting the Event.
17. Confidentiality:#
The parties shall not at any time divulge, or allow to be divulged to any person, any confidential information unless the said information comes in the public domain without breach by either Party. However, no Party shall be precluded from disclosing any information to the extent required in the legal proceedings. The obligations under this clause shall survive the termination of these Terms read along with Form.
18. Warranty#
a. Restaurant Partner warrants that it will not offer for sale any potentially hazardous food, alcoholic beverage, tobacco product, and/or any other item prohibited by law.
b. Zomato warrants that it will undertake its obligations with reasonable skill and care.
c. Restaurant Partner warrants that it complies with and will remain compliant with the Food Safety and Standards Act, 2006, Legal Metrology Act, 2009 and the applicable rules and regulations made thereunder and any other requirements or applicable law in the relevant State or territory and all other applicable legislation, regulations or standards.
d. Restaurant Partner warrants to procure and maintain all requisite licenses, approvals, certificates, and/or
registrations required under applicable law and provide a copy of such licenses, approvals, certificates, and/or registrations to Zomato prior to availing the Services.
19. Indemnity:#
a. The Restaurant Partner agrees to indemnify and hold Zomato (and its directors, officers, agents, representatives, and employees) harmless from and against any and all claims, suits, liabilities, judgments, losses, and damages arising out of or in connection with any claim or suit or demand:
i. by the Attendees, for reasons not attributable to Zomato;
ii. in respect of or connected to the collection or payment of applicable taxes in any way connected to these Terms or any matter or goods or services under or arising from it;
iii.in respect of, arising out of, or in connection with the Services provided by the Restaurant Partner at the Event;
iv. in respect of the warranties provided by the Restaurant Partner under these Terms;
v. in respect of breach of terms of the Form read along with these Terms by the Restaurant Partner;
vi. relating to harm caused by the Restaurant Partner providing unsafe Services brought either by Zomato and/or a third party on account of misuse, abuse, cheating, fraud, misrepresentation carried out by the Restaurant Partner or Restaurant Partner Staff; and
vii. for any misleading or incorrect or false, information or data provided by the Restaurant Partner.
b. The Restaurant Partner acknowledges that Zomato shall not be liable for any applicable taxes liability in respect of transactions by which the Restaurant Partner provides Services at the Event to the Attendees and the Restaurant Partner hereby indemnifies Zomato against any applicable taxes it may become liable for arising out of such transactions.
20. Limitation of Liability:#
For the purposes of this clause, "Liability" means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with the Form read along with these Terms, including liability expressly provided for under the Form read along with these Terms or arising by reason of the invalidity or unenforceability of any term of the Form or these Terms. Zomato does not exclude or limit liability for any liability that cannot be excluded by law. Subject to the preceding sentence, Zomato shall not be under any liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential, or otherwise. Although Zomato will use its best endeavors to ensure that unintentional operational errors do not occur, Zomato cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out Zomato’s aggregate liability under this Form shall not exceed the total value of the INR 5000/- (Indian Rupees Five Thousand Only) under which the claim arose.
21. Miscellaneous:#
a. Governing Law and Dispute Resolution: This Form shall be governed by the Laws of India, for the time being in force and the courts of New Delhi shall have the exclusive jurisdiction to preside over matters arising hereunder. Parties shall first endeavors to resolve their disputes amicably within 15 (fifteen) days from the date on which the dispute was first notified. Failing which, the dispute shall be referred to court.
b. Force Majeure: If the performance of these Terms read along with Form is prevented, restricted or interfered with by reason of acts of God, war, revolution, civil commotion, acts of public enemy, embargo, epidemic, quarantine, acts of government (including State or Local Government) acting in their sovereign capacity, labor difficulties (including strikes, slowdowns, picketing or boycotts) and not involving any fault, misconduct or negligence of the Party affected (“Event of Force Majeure”), the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance. If the Event of Force Majeure makes the use of the Stall or any part thereof unfeasible for provision of Services of Restaurant Partner during the Event, then either Party shall be entitled to terminate these Terms read along with Form forthwith. In such case, Zomato shall only be liable to refund an amount upto the Gross Payable Amount to the Restaurant Partner, proportionate to the duration for which the Event of Force Majeure Event subsists.
c. Waiver: The failure of either Party to assert any of its rights under the Form, including, but not limited to, the right to terminate the Form in the event of breach or default by the other Party, will not be deemed to constitute a waiver by that Party of its right thereafter to enforce each and every provision of the Form in accordance with these Terms. Invalidity or unenforceability of any provision of or right arising pursuant to these Terms shall not adversely affect the validity or enforceability of the remaining obligations or provisions.
d. No third party rights: No term of the Form read along with these Terms shall be enforceable by a third party.
e. No assignment: The Restaurant Partner must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Form or any right, benefit or interest under it, nor transfer, novate or sub-contract any of Restaurant Partner obligations under the Form read along with these Terms.
f. Relationship of the Parties: The Restaurant Partner shall act as an independent contractor when performing its respective obligations under these Terms. These Terms shall not create any partnership, joint venture, employment, agency, franchise, sales representative, or any vicarious and absolute liability relationship between Zomato and the Restaurant Partner.
22. Modification:#
Zomato may modify these Terms from time to time, and any such changes will (i) be reflected on the Zomato Platform, and (ii) be effective immediately upon the changes being reflected on the Zomato Platform. The Restaurant Partner agrees to be bound to any such changes or modifications and understands and accepts the importance of regularly reviewing these Terms as updated on the Zomato Platform.
23. DISCLAIMER:#
This document is an electronic record in terms of Information Technology Act, 2000 and Rules framed thereunder (as applicable) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.