Terms of Use

www.zelish.in (hereinafter referred to as "Company" or “Zelish”, which expression, unless it be repugnant to the context or meaning thereof, shall mean and include its successors, affiliates and permitted assigns) is operated by Arsara Solutions Private Limited, a consumer technology firm registered under the Companies Act, 2013 (18 of 2013), with its principal place of operation at 3rd floor, Revanna's building, 1564, 27th Main Rd, PWD Quarters, BDA Layout, HSR Layout, Bengaluru, Karnataka- 560068.

The access to and use of the Services provided by Zelish is conditioned on your acceptance of and compliance with these Terms & Conditions. These T&C's apply to all users and others who access or use the service provided by Zelish.

1. Acceptance of Terms and Registration of Account
a. These Terms set forth a legally binding contract between You and Zelish. By using our platform and services, you agree to be bound by these Terms.
b. To accept these Terms, you must be at least 18 (eighteen) years of age. In the event that You are below 18 (eighteen) years of age or such other older legal age, your guardian must read and understand and accept the provisions on Your behalf.
c. You also agree to provide true, accurate and complete information about yourself and update them upon any change.
d. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the service and our platforms (or any portion thereof) at any time.
e. You may access the platforms as available for your personal use only.
f. You will be required to provide a valid phone number and/or email ID while registering for our services. By providing your phone number or email ID to Zelish, you consent to be contacted by Zelish via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.

2. Services
a. The company offers you a platform which ensures to the best extent possible, to provide food recommendations, grocery recommendations and Marketplace ordering.
b. You agree that the company offers various other additional services through its platform, which you may avail at your own risk. The company shall not be liable for any services that you chose to avail on/from the platform. Specific policies may govern these additional services.
c. Any services provided by the company may be subject to change at the discretion of the company, and the company does not require your permission for the same. While we want to ensure the best user experience, We do not represent or warrant that the services or our platform will be error-free or uninterrupted.
d. The company does not control the information provided by third parties. Your reliance on the same shall be at your own risk. Furthermore, the information provided by the company on the platform is on as "AS IS" basis and any reliance on the same shall be at your sole risk. You understand the company is merely a technology platform and that the company shall not be responsible for the correctness or completeness of the information provided by you or any third party on the Company's Platform. You acknowledge and agree that the company is an intermediary and the use and/or publication of any information provided by the users shall be at the user's sole risk except so far as granted under these Terms.

For Marketplace ordering: a. The Marketplace is a platform for consumers to transact with third party sellers/ merchants/ retailers, who have been granted access to the Marketplace to display their store details, products and offers either for sale through the marketplace or only to display to customers to purchase physically from their store. The Company does not provide any services to users other than providing the Marketplace as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing. b. The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace. c. Services on the Marketplace are available to only select geographies in India, and are subject to restrictions based on business hours and days of third party sellers. d. Transactions through the Marketplace may be subject to a delivery charge or any other charges that would be communicated to you during checkout. 3. Termination or Suspension of Account
a. You agree that the company may at any time and for any reason, including but not limited to breach of the Terms or the Privacy Policy, terminate or restrict or suspend your access to the platform, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, the company may suspend your account immediately.

4. Terms and Termination
a. These Terms of Use shall remain in full force and effect for so long as you use the services offered by the platform. You may ask to delete Your account at any time, for any reason. The company, however, does not offer any refunds.
b. The company reserves the right to terminate the services or the platform without prior notice. Your account or your access to the platform may be terminated immediately, with or without notice to You, and without liability to you, if the company believes that you have breached any of these Terms, the Privacy Policy, or any false or misleading information, or interfered with the use of the platform by others.
c. The company reserves the right to cancel delete or deactivate your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion.

5. Indemnity
You agree to defend, indemnify and hold harmless the company, and its subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys' fees and costs) arising directly from • Your use of and access to the platform;
• Your violation of any Terms and the Privacy Policy contained herein;
• Your violation of any third party right, including without limitation any copyright, property, or privacy right.
• Provided, however, the same is not on account of fraud, misrepresentation or negligence of the company or its employees.

6. Eligibility
Our services would be available to only select geographies. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.

7. Online ordering and Financial Terms
• The company allows you to place orders from a various retailers/ partners, subject to the terms and conditions set out herein.
• Zelish does not handle any deliveries. All deliveries unless specified otherwise will be handled by the retailer.
• Zelish does not own, sell, resell on its own and/or do not control the Merchants/ Retailer or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
• All orders placed on Zelish are treated as confirmed.
• However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
• We may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Zelish reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
• All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit card or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Zelish is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Zelish is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
• You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, unless for Cash on delivery orders, make any payment directly to the Merchant for Order bookings made using the Platform.
• You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
• In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card or debit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
• The final tax bill will be issued by the Merchant to the Buyer along with the order and Zelish is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Zelish holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
• The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant’s product pricing changing and such change of price are at the sole discretion of the Merchant attributing to various factors beyond the control of Zelish.
• The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the customers and in no event shall be the responsibility of Zelish.
• The transaction is bilateral between the Merchant and Buyer and therefore, Zelish is not liable to charge or deposit any taxes applicable on such transaction.
• Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant or Zelish may cancel such your order(s).

8. Cancellations and Refunds
• Once you place an order on the platform, irrespective of if the payment is made or not, the order cannot be modified, replaced or refunded.
• Zelish is not liable to refund, replace, cancel any purchases and is soly upto the merchant/ retailers discretion if they would accept any refunds for the products.

9. Additional Terms
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or any of the platform (or any portion thereof) with or without notice. You agree that we will not be liable to you or any third party for any such modification, editing, deletion, suspension or discontinuance of the platform. This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the company without restriction. This agreement together with any other policies/legal notices published by the company anywhere, shall constitute the entire agreement between you and the Company concerning the platform, the company's services, and governs your use of the platform, superseding any prior agreements between you and the company with respect to the platform. The failure of the company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect. The laws of India govern these Terms. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.