Terms & Conditions
A. INTRODUCTION
Welcome to Zoop!
Thanks for choosing to use our services (‘Services’). The Services are provided by Zoop which is a brand of Zoop Web Services Private Limited, a company registered under the Indian Companies act.
We believe in honest and transparent business systems, and our intention is to bring the most ethical work practices. Therefore, it is our request to every user and visitor of our website i.e. zoopindia.com to read all the below mentioned terms and conditions carefully.
By ordering any product or Services from this Website or its phone applications or through our call centre number displayed on this website, you agree to be bound by these Terms and Conditions. Moreover, our Services are very diverse, therefore, sometimes additional terms or service requirements may apply for some services. Any such additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
1. We are Zoop, a brand of Zoop Web Services Private Limited, a company registered under the Indian Companies Act, unless otherwise stated. ’Agreement’ is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
2. ‘Website’ is a reference to our Website http://zoopindia.com on which we offer our Product or Services.
3. ‘Service’ or ‘Services’ is a reference to any service which we may supply and which you may request via our Website.
4. ‘Restaurant’, ‘Outlet’ or ‘Outlets’ are restaurant and restaurant owners who prepare and/or deliver the Product or Services ordered on this web site.
5. ‘Privacy Policy’ means the policy displayed on our Website which details of how we collect and store your personal data;
6. ‘Customer’, ‘you’, ‘your’, ‘yours’, ‘users’ are references to you the person accessing this Website and ordering any Product or Services from the Website or from any other channel provided by Zoop
7. ‘we’, ‘us’, ‘our’, and ‘Zoop’ are references to the Company;
8. ‘Product’ is a reference to any goods which we may offer for sale from our Website from time to time.
9. ‘Food Delivery’ is a reference to perishable goods and to any form of delivery service, which both are provided by Restaurants chosen for delivery.
1. Zoop offer you a means of communication to the restaurants doing food delivery at various places and the person ordering the food.
2. We have our call centre number displayed on this website to help all our customers call and share feedback, for any problem or dispute in the items received, or change or cancel the order.
3. Zoop may call, send SMS and/or use other possible modes but not limited to Electronic or Printed medium for communicating with the customers or to take their feedback.
4. Most areas of this Website are open to everyone. You may access some areas of this Website without making any order, and registering your details with us.
5. By accessing any part of this Website, you indicate that you accept all these Website Terms & Conditions. However, if you do not accept these Website Terms, you must leave this Website immediately.
6. Zoop may prefer to revise the terms & conditions of use of this website without any prior consent or notice and by using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
7. Visitors of this website are also responsible for making all arrangements necessary for have accessing this Website. Visitors are therefore also responsible for ensuring that all anyone who access the Website through their Internet connection are aware of these Website Terms and that they comply with them also.
8. The entire liability arising out of the delivery of the food items would be solely on the restaurant;
9. Zoop Web Services Pvt Ltd merely acts as an aggregator and has no active role in preparation of the food items or delivery of the same.
1. All orders booked on this website or through its call centre number is actually a contract for the supply of Food Delivery between you and the Restaurant.
2. Customers are requested to check all the information and details they are filling in while booking the orders. Please note it is the customer’s responsibility to check the information that they have entered, and correct any errors before clicking on the "Book Order" button since once a customer clicks on this, an order ID is created and input errors cannot be corrected.
3. If at any time prior to you clicking on the "Book Order" button, you decide that you do not wish to proceed with your order, you should close the application window.
4. In case a customer selects ‘Cash on Delivery’ (COD) before clicking on the "Book Order" button, Zoop will begin processing your order and we will send you notification by SMS that your order is being processed. For online payment orders, on receipt of your payment, Zoop will begin processing your order and we will send you notification by SMS and email that payment has been received and that your order is being processed. SMS and email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Delivery Restaurant will be able to fill your order.
5. In the case of online payment, if any payment you make is not authorized you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
6. Please note that once you have made your order and your payment has been authorized you will be able to cancel your order according to details mentioned in our cancellation policy.
7. Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
1. Prices for all the items will be mentioned on the website. All these prices are inclusive of relevant taxes and delivery charges. In case a specific Restaurant requires a service charge (for instance for orders below the minimum order amount), this will be clearly indicated on this Website, in the itemized bill, and added to the total amount due.
2. We take a lot of care in ensuring that prices for all the items mentioned in this website are correct, but however, there could be a scenario, where the prices quoted on this website may have an error as there is a large list of items at every station which keep on adding every day. In such a case, Zoop will call and inform the customer before the order is dispatched for delivery, informing the customer about the error and requesting him to pay the actual price. We are therefore under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
3. All payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery.
4. If you chosen to make online payment, then you are required to pay for your order before it is delivered. To ensure that secure and safe online shopping, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to verify if you yourself are using your card and placing the order.
5. We run promotional offers on this website through promotional codes. Customers can therefore avail these discounts by using such promotional codes endorsed by us while booking orders on this website.
1. Delivering the food items ordered on this website is the sole responsibility of the restaurant in the stipulated time with proper packing and hygiene.
2. We try our best in co-ordinating delivery of the orders with the restaurants, but however if in an unfortunate situation the said delivery fails, then we request the customers to get in touch with us immediately, and we will try to arrange the delivery at the next available upcoming station. Moreover, we too take a very close watch at all the deliveries, and ourselves arrange for deliveries at upcoming stations, but it becomes very helpful when customers themselves notify us of any such occurrence.
3. In the event of customer’s unavailability to accept the order at the time of delivery, or if the customer is unavailable at the mentioned coach and seat number, or if you are unable to communicate to us your updated coach and seat number (only in case of W/L or RAC situations), then such orders shall be deemed to have been delivered to you and all risk and responsibility in relation to such deliveries shall pass on to you. Any costs which we incur as a result of the inability to deliver shall be your responsibility of the customer and therefore shall indemnify us in full for such cost.
4. Restaurants delivering the orders will aim to deliver the exact order placed by you within the stoppage time at that particular station chosen by you.
5. Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
1. We allow our customers to cancel their orders up till 2 hours before the actual pre decided delivery timings between 9am to 9pm on any working day. For example – If your actual pre decided delivery time is 6pm, then you may cancel your order on or before 4pm on the same day. However if your deliver time is 9.30am, then you’ll have to do the same on or before 9pm on a day before.
2. The cut off time in terms of bulk / group orders is 12 hours before the scheduled delivery time or 6pm on the previous day, whichever is earlier.
3. In the interest of the customer’s privacy and genuineness of the cancellation, we would prefer to cancel orders only if requests come from the mobile numbers used for order bookings along with the order ID or through registered customer user Ids. However, if the customer is unable to access both the tools, then our team would first verify the customer through some basic questions and then process the cancellations.
4. Any change in order will apply cancellation of the original order, and hence a new order ID will be generated.
5. In the event of no show from the customer at the time of delivery, then it’ll be treated as cancelled post 2 hour cut off time and customers will not be eligible for any refund.
6. An SMS will be sent to the customers on the event of cancellations of orders at the mobile number shared by the customer with Zoop. In the event that no SMS is received, customers are advised to call our help line number 801080 2222 for confirmations.
If the payment is made by the customer in advance then he may be eligible for refunds as per following terms.
1. Orders cancelled before 24 hours of scheduled delivery time will be eligible for 100% refunds.
2. Orders cancelled between 24 hours and before 2 hours of scheduled delivery time, then we’ll reimburse the entire amount after deducting 10% order cancellation charges.
3. No order will be cancelled post 2 hour cut off time, and therefore no refunds.
4. In the event of no show from the customer at the time of delivery, then it’ll be treated as cancelled post 2 hour cut off time and customers will not be eligible for any refund.
5. In case of all orders booked by customers themselves through our website, all refunds would take place in the accounts used by customers for order booking.
6. In case of all orders booked through our authorized agents, all refunds will be available from the same agent only.
Refund on Cancellations on Pre-paid Bulk order (Group Order) Bookings
We provide additional discounts for bulk / group order bookings to our customers, and moreover we believe that our customers would too understand that it takes lot of preparation and co-ordination for delivering food to a large number of people. Therefore, if the payment is made by the customer in advance then he may be eligible for refunds as per following terms.1. Orders cancelled before 24 hours of scheduled delivery time will be eligible for 100% refunds.
2. Orders cancelled between 24 hours and before 12 hours of scheduled delivery time, then we’ll reimburse the entire amount after deducting 10% order cancellation charges.
3. No order will be cancelled post 12 hour cut off time, and therefore no refunds.
4. In the event of no show from the customer at the time of delivery, then it’ll be treated as cancelled post 12 hour cut off time and customers will not be eligible for any refund.
5. In case of all orders booked by customers themselves through our website, all refunds would take place in the accounts used by customers for order booking.
6. In case of all orders booked through our authorized agents, all refunds will be available from the same agent only.
1. We grant permission to temporarily download one copy of the materials (information or software) on our web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials,
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on this web site,
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if any of the above mentioned restrictions are violated and may be terminated by Zoop at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Any rights not expressly granted in these Website terms are reserved.
We do not allow anyone to create a link to any page of our websites without our prior written consent. However, if you do create a link to a page of this website, then you are doing so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. This means that the website from which you link must comply with the content standards set out in these Website Terms.
Links to third party websites on this Website are provided solely for the convenience of our visitors and customers. We advise our users to read the privacy statements of all the web sites linked from our site, as we don’t review or monitor the content of other party's websites which are linked to from our website. All the opinions expressed and materials appearing on such websites are not necessarily shared or endorsed by us and thereby we should not be regarded as the publisher of such opinions or material. Therefore, please be aware that we are not responsible for the privacy practices and content of such sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
1. We always try to ensure that this Website is normally available twenty four (24) hours a day; however, we will not be liable if this Website is unavailable at any time or for any period.
2. Access to this Website may be suspended temporarily and without notice.
3. We understand that unfortunately, the transmission of information via the internet is not completely secure, therefore we will take steps to protect your information, but we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website will be considered as non-confidential and non-proprietary. We will have no obligations with respect to such material. Zoop and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
2. You are prohibited from posting, uploading or transmitting to or from this Website any material that:
a) Breaches any applicable local, national or international law;
b) Is unlawful or fraudulent;
c) Amounts to unauthorized advertising; or
d) Contains viruses or any other harmful programs.
3. You may not misuse the Website (including by hacking).
4. Any comments or feedback that you submit through the Website must not:
a) Promote illegal activity or invade another's privacy;
b) Infringe the intellectual property rights of another person;
c) Contain any defamatory, obscene or offensive material;
d) Promote violence or discrimination;
e) Be used to impersonate another person or to misrepresent your affiliation with another person,
f) Breach any legal duty owed to a third party (such as a duty of confidence);
g) Give the impression that they originate from us.
5. All the prohibited acts listed above are non-exhaustive. Violators will be bound to pay us for all the costs and damages which we would incur as a result of breaching of any of these restrictions.
6. Zoop will actively participate in fully co-operating with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of any of the above mentioned restrictions.
1. We always try to ensure that information on this Website is correct, however we do not promise it is accurate or complete. Zoop may make changes to the material on this Website from time to time, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Zoop makes no commitment to update that material. In particular, we do not promise that the information provided by the Delivery Restaurants and displayed on this Website such as the menus and pricing is correct or up to date.
2. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
3. The services & products offered and sold by us on this website are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
4. Users of this website are responsible for the security of their password used to register with this Website. Unless Zoop negligently discloses your password to a third party, Zoop will not be liable for any unauthorized transaction entered into using your name and password.
1. Zoop, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
2. Zoop takes full responsibility for the content of this Website and for the communication of orders to the Restaurants as set out in these Website Terms. Zoop's customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and charge backs where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Delivery Restaurants that you place your order with. Zoop cannot give any undertaking that the food and beverages ordered from the Delivery Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by Zoop. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
3. Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Zoop's negligence, nor Zoop's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
4. With the exception of any liability referred to in paragraph (O) (3) above, Zoop's total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or five thousand Indian rupees, whichever is the lower.
5. Users of this website assume all associated costs If your use of material on this Website results in the need for servicing, repair or correction of equipment.
1. These Website Terms shall be governed by and construed in accordance with the laws of India subject to the provisions of the Arbitration Clause. The courts in New Delhi shall have exclusive jurisdiction in connection with any dispute arising in connection with these Website Terms (including non-contractual disputes) to the conclusion of all other courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
1. Any dispute, difference arising out of or incidental to with these Website Terms (including non-contractual disputes) shall be first be attempt to be settled amicably by the parties through negotiations, failing which the same shall be referred to arbitration at New Delhi to sole arbitrator appointed by the Dealer and this clause will be deemed to submitted to arbitration and all proceeding shall be subject to the provisions of the Arbitration & Conciliation Act 1996 and any statutory modification thereof for the time being enforced.
2. The principle language in all such proceeding and the daily transcript shall be in English. Any decision and reward resulting from arbitration proceeding shall be final and binding on both the parties.
3. The fee of arbitrator and other common expense incurred for running the arbitration proceeding shall be borne by both the parties equally.
4. The arbitrator may provide in the arbitral award for the reimbursement to the prevailing party of its costs and expenses in bringing or defending the arbitration claim, including legal fees and expenses incurred by such party. Pending the submission of and/ or decision on a dispute, difference or claim, the parties shall continue to perform all of their obligation under this agreement without prejudice to the final adjustment in accordance with the award passed in arbitration proceeding. in bringing or defending
1. We take utmost care in protecting our users privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is available on this website for your reference.
2. In the event where any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
3. Any failure or delay by users or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
4. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
5. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
1. Zoop will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action,
b) impossibility of the use of public or private telecommunications networks
c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,
d) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster,
e) the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
