Internet based website www.zaikie.in( “Zaikie’’) , hereinafter “Aggregator” and its other digital properties including but not limited to its mobile application (“Application”) which is a technology platform owned, operated and made available by Sambac eServices Private Limited (CIN- U72300WB2015PTC206860) , a company incorporated under company act 2013, which enables the user ( hereinafter “ user”) to book online catering and event services through different network partner.
1. MEMBERSHIP ELIGIBILITY
If you are not affable to all the Usage Terms in here entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that you agree with the Usage Terms in their entirety.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered membership account.
The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. “Zaikie” reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if “ Zaikie” discovers that User is under the age of 18 years. Furthermore “Zaikie” has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with a notice.
“Zaikie” provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, You acknowledge, declare, confirm and represent & warrant to “ Zaikie” that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. “Zaikie” may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and you agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.
2. User responsibility and Cognizance of this agreement
The Users availing services from “ “ Zaikie” “ shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by “ Zaikie” for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or “Zaikie” with respect to any services to be provided by “ Zaikie” shall be restricted to the scope of this agreement.
“ Zaikie” reserves the right, in its sole discretion, to terminate the access to any or all “ Zaikie” websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by “ZAIKIE” like the Catering Services, Event Services. Such TOS will be provided/ updated by “Zaikie” which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, we are only aggregator, therefore, service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies as applicable to territory.
“Zaikie” Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail “Zaikie” Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other “Zaikie” document, then these terms shall control.
3. Free Services
“Free services “means the services which depicted exclusively free at website and rest all services shall be chargeable to the customer.
4. Booking quantity
No booking shall be proceeding for quantity below 25 plates.
5. Booking time
No booking shall be proceeding the time below 48 hours from the time of event.
6. Third party account access and information
By using the Account Access service in “ZAIKIE”’s websites, the User authorizes “ZAIKIE” and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify “ZAIKIE” immediately in writing of any unauthorized use of their password or account or any other breach of security. “ZAIKIE” will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.
7. General Payment and Cost :
For, catering services, User has to pay the payment in 3 phases. First phase, Rs. 5.00/- during time of booking either through electronic mode(PayUMoney) or Bank Transfer. User has to pay advance 50% of total value within 48 hours of booking and rest 50% before 7 days of the event through NEFT, RTGS, IMPS or cheque. Booking shall only be confirmed after receiving of 50% advance of the total value.
For, Event hall booking services, User has to pay the payment in 3 phases. First phase, Rs. 5.00/- during time of booking either through electronic mode, (PayUMoney) or Bank Transfer. User has to pay advance 50% of total value within 48 hours of booking and rest 50% before 15 days of the event through NEFT, RTGS, IMPS or cheque. Booking shall only be confirmed after receiving of 50% advance of the total value.
The cost mentioned in the website is tentative and base rate. “ZAIKIE” reserves the right to alter any and all cost from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by “ZAIKIE” for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. “Zaikie” is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
8. Catering /Event hall Cancellation Policy:
For catering service, no cancellation charge shall be applicable for cancellation 15 days prior. However, 15-7 day, 7-2 day, Below 24 hours there shall be cancellation charge 10%, 25 % and 50% respectively.
For, Event hall booking, 50% cancellation only applicable if the date booking at which cancellation has been initiated stand unoccupied. If the event hall would be booked by other customer same day then 100% refund shall be done by the Zaikie.
9. Limitation of Responsibility:
The Company reserves the right to limit its own responsibilities according to the laws and regulations currently effective in the respective country.
10. Disputes and Limitation of Damages:
In the event of a dispute, the Company and the User shall endeavor to seek an amicable and faithful agreement. If the parties fail to reach such agreement, the dispute shall be referred to the India court and shall be governed solely by Indian law. The User may submit a claim within 30 (thirty) days from the completion of the trip.
Unless explicitly provided by “ZAIKIE” in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and “ZAIKIE” doesn’t accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by “ZAIKIE” shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and “ ZAIKIE” shall not provide any express or implied undertakings for acceptance of the claims by the insurance company
12. Intellectual Property rights
“ZAIKIE” may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by “ZAIKIE” and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
13. Special Conditions to Disclose information to third parties
“Zaikie” shall be entitled to disclose to all of its group companies or any of its authorized chauffeurs or any government body as so required by the law or by directive or request from such government body or any third party, your particulars in the possession of ‘“Zaikie”’ in any way as “Zaikie”, in its absolute discretion, deems fit or if it considers it in its interests to do so.
You agree to defend, indemnify and hold harmless’ “ Zaikie”, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the “ Zaikie” Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation shall survive these Terms of Service and your use of the “Zaikie” Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.
15. Force Majeure
15.1 For the purpose of this Agreement, “Force Majeure” means an event which is beyond the reasonable control of either of the Party, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as to be considered unreasonable under the circumstances.
15.2 “Force Majeure” shall include Acts of God, War, Hostilities, Riot, Civil War, Insurrection or Civil Commotion, Malicious Damage, Blockades, Embargoes, Strikes, Sabotage, Explosions, Government Actions or non-actions, Earthquake, Flood, Fire, unforeseen geological disturbance, Emergencies due to weather, accidents, Loss of Access, Power Failure or other natural physical disaster/accidents, Plague or other epidemic or any events of similar nature at the site of execution of this Agreement.
15.3 Any Party claiming the event of Force Majeure shall serve on to the other Party a notice of 7 days stating the reasons/conditions of Force Majeure.
15.4 The failure on the part of any Party to fulfill any of its obligations under the Agreement due to any reason of Force Majeure as stated above shall not be considered to be a breach or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event:
15.5 Both parties have taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the obligations as per the terms and conditions of this Agreement; and
15.6 Both parties have to be informed that other Party in writing within seven days of commencement of Force Majeure and within seven days after cessation about the occurrence of such an event.
15.7 The burden of proof of evidence of documents lies with the Party claiming Force Majeure.
15.8 If the event of Force Majeure continues for more than 180 days, the both parties have to come a mutually agreed solutions referring to the clause. 2&3 hereinabove.
16. Cookie Notice
“Zaikie” collects and processes the personal data of the visitors of the Website and Users of the Application according to the Privacy and Cookie Notice.
17. Modifications and updates to this Privacy Notice
“Zaikie” reserves the right, at its sole discretion, to modify or replace any of these Users Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. “Zaikie” may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
18. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Alok Kr Chowdhury
Sambac eServices Pvt. Ltd.
B-10/75, Kalyani, Nadia – 741235
West Bengal, India
Email ID: email@example.com
Time: Monday – Saturday (10:00 – 18:00)
19. User Agreement
The User expressly agrees that use of the services is at their sole risk. To the extent “ZAIKIE” acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for
any aspect of the standards of services provided by the service providers. In no circumstances shall “ZAIKIE” be liable for the services provided by the service provider. The services are provided on an “as it is” and “as available” basis. “ZAIKIE” may change the features or functionality of the services at any time, in their sole discretion, without notice. “ZAIKIE” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from “ZAIKIE” or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the “ZAIKIE” pages or otherwise use any of the contents, pages, information or any other material provided by “ZAIKIE”. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying “ZAIKIE” in writing.