Terms and Conditions
By making a purchase or accessing the Website of Cafe Zam Zam (“Restaurant”), you agree to the following Terms and Conditions. It is your own responsibility to ensure that you are fully aware of all of these Terms and Conditions when making a purchase on www.cafezamzam.in (“Website”).
Please read the following terms and conditions very carefully as your use of Cafe Zam Zam website www.cafezamzam.in and services offered by Cafe Zam Zam are subject to your acceptance of and compliance with the following terms and conditions. By browsing, accessing, subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the services.
Cafe Zam Zam reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms, Cafe Zam Zam grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the website and services offered by Cafe Zam Zam .
Restriction on use:
You cannot decompile, reverse engineer, disassemble, or otherwise convert or allow any third party to decompile, reverse engineer, disassemble or otherwise convert the WEBSITE in a form perceptible to humans; make copies of the WEBSITE; distribute or republish, upload, post or transmit the WEBSITE in any way whatsoever; resell, rent, lease or lend the WEBSITE; or transfer the WEBSITE or these TERMS to any third party. If you download software from the WEBSITE, the software, including any files, images, contained in or generated by the software, and data related thereto (together, the “SOFTWARE”) are deemed granted under license by the restaurant or its licensors, if any.
You are NOT allowed to use the WEBSITE to: obtain unauthorized access to the restaurant, including, without limitation, to use this WEBSITE to interrupt, destroy or limit the functionality of the WEBSITE, the restaurant’s servers and/or network; undertake an unlawful or illegal activity; launch automated systems such as “robots,” “spiders,” etc.; impersonate any person or misrepresent your identity; and/or violate the rights or threaten the safety of any person. Possible evidence of use of this WEBSITE for these reasons will be provided to the police authorities and are subject to production of documents required by law.
Collection
You agree that the restaurant may collect and use technical data about your device, software of your system and the WEBSITE, and peripherals. All technical data is gathered periodically to facilitate the provision of software updates and support related to the WEBSITE.
So that the restaurant can better address your preferences, by using the WEBSITE, you accept and agree that THE restaurant, and/or its affiliates and third party partners may collect, use and transmit the information you provide using the WEBSITE, and other information that identifies you personally collected through your use of the WEBSITE or specifically provided by you when you use the WEBSITE through registering for an account with the RESTAURANT, or otherwise provided ( “PERSONAL INFORMATION”) to facilitate the improvement and delivery of products, offers, promotions, other services or technologies, and advertising content.
You agree and consent to the restaurant and its third-party partners using your information to provide products, offers, promotions, or other customized services or technologies, and advertising content. Your personal information will only be used in accordance with the privacy policy of the restaurant.
Location information: With your consent, we may collect location information through your use of the WEBSITE, including locating information collected through geolocation capabilities, GPS, Bluetooth and similar capabilities of your mobile phone or your device (“LOCATION INFORMATION”). The objective of collecting location information is to identify restaurants that are the closest to your immediate location and effectively use the features of the website. We collect only the location information, if you agree, through a membership option, to receive some features of the WEBSITE (during the initial download of the website for a login or later session) and by enabling these capabilities on your mobile device. Once the membership is accepted, the WEBSITE will continue to collect location information until you close the WEBSITE (location information will continue to be collected if the WEBSITE works in the background ) or if you change the settings of your phone or other device to disable geolocation capabilities, GPS or Bluetooth, or similar capabilities, or you change the settings of your phone or other device to prevent the WEBSITE to collect your location information. The restaurant considers location information as personal information.
Information on the use of the WEBSITE: When you use the WEBSITE, information about how you interact with and use the WEBSITE may be collected automatically
(“INFORMATION ON THE WEBSITE’S USE”). To the extent that the INFORMATION ON THE
WEBSITE’S USE identifies you as an individual, THE restaurant considers this personal information.
Personal information gathered: The way you use our website which you frequent our restaurants is important to us. We can therefore gather and compile personal information with information about other purchases you make at restaurants The restaurant and any other personal information that you have agreed to provide us (“AGGREGATED PERSONAL INFORMATION”).
Use
PERSONAL INFORMATION, LOCATION INFORMATION, INFORMATION ON THE WEBSITE’S USE, and AGGREGATED PERSONAL INFORMATION (collectively “AUTHORIZED INFORMATION”)
are used for purposes such as improving the functionality and features of our WEBSITE to answer your requests and messages, to conduct research on behavior and/or consumer interests, to improve our services or products, and to provide you with information about our offers and special promotions in our restaurants.
Disclosure
The RESTAURANT can share AUTHORIZED INFORMATION with its affiliates, agents, business partners, franchisees and other third parties in the following ways:
The restaurant may disclose information about authorized when you visit our restaurants, products that you view and that you share the most frequently, and which parts of our restaurants you visit the most; The restaurant may disclose AUTHORIZED INFORMATION to provide certain commercial services and communicate only AUTHORIZED required for commercial services to be provided. The RESTAURANT can disclose AUTHORIZED INFORMATION if required by law or if we believe in good faith that such action is necessary to
(i) comply with legal obligations, (ii) to protect or defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the WEBSITE or general public, or (iv) to protect us against liability.
Storage and transfer of information
The restaurant can store all the information we collect (authorized or otherwise) in databases owned and maintained by us, our subsidiaries, our suppliers, our franchisees, our agents or our service providers. These databases can be stored in Canada or abroad. Using our WEBSITE, you consent to the storage and transfer of your authorized information and other information as described above.
Limiting the collection of information
You cannot use the WEBSITE without providing personal information. You can limit the personal information we collect by uninstalling the WEBSITE, turning it off or preventing it from using geolocation capabilities, Bluetooth or similar capabilities of your mobile device.
However, if you take such measures that may prevent you from using certain features or aspects of the WEBSITE.
Links to other websites and/or other websites
The WEBSITE may contain references, links or interactions to websites that are not operated when controlled by us (“THIRD-PARTY SITES”). The policies and procedures we describe herein are not applicable to THIRD-PARTY SITES and these sites may independently collect information about you. The restaurant assumes no responsibility regarding the policies to protect personal information and gathering information from these THIRD-PARTY SITES and we recommend that you contact the providers of these sites directly for information on their privacy policies.
User Account and Registration Terms:
Registering at Cafe Zam Zam is free service and you will receive a username and password upon completing the website’s registration process or completing a transaction. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account.
You agree to immediately notify Cafe Zam Zam of any unauthorized use of your account or any other breach of security, and ensure that you exit from your account at the end of each session.
Cafe Zam Zam cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Cafe Zam Zam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Cafe Zam Zam has the right to indefinitely suspend or terminate or block access of your membership with Cafe Zam Zam and refuse to provide you with access to the website. If you are a non-registered user you agree that upon reviewing the order at the website a user account will be auto created for you and the access to the same will be communicated to your email address provided.
Order Terms:
SENDING ORDERS TO RESTAURANTS
This section applies to orders placed by the WEBSITE where this service is offered. Please read this section before sending an order to restaurants using the WEBSITE.
Each restaurant is owned and managed by an independent company: Although there may be a parent company that operates and controls the WEBSITE, it is not responsible for the restaurant operations. Most restaurants are owned and operated by independent owners.
Some restaurants are operated by subsidiaries of the parent company (such subsidiaries are collectively called “RESTAURANTS”). Each restaurant is fully and independently responsible for its legal and regulatory compliance with respect to any problem related to the supply of products to you and any issues related to employment in the restaurant.
Orders: The purpose of ordering is to offer customers a convenient way that allows them to create an order for products in advance and submit by registering at a participating restaurant. Before you order, you can create an account in the WEBSITE. Before submitting an order, you must register a credit card (a “PAYMENT CARD”) on which your order payments will be applied. For the order to be submitted, you may need to enable location services on your device.
Registering your payment method: The restaurant and restaurants rely on the services of independent suppliers to save your credit card (Visa and/or MasterCard) and process restaurant payments. You understand and agree that when you register a PAYMENT CARD, the restaurant or its independent providers can verify the validity of the registered PAYMENT CARD. You also understand and agree that when placing an order at a restaurant, the restaurant will be the merchant.
Buying products directly from restaurants: When you order, you submit orders directly to a participating restaurant and the contract for the supply of products will be concluded between you and the restaurant that accepts your order. The restaurant where you pick up your products is responsible for preparing the products and providing them to you.
About the products in the WEBSITE: All products are subject to availability at the restaurant where you collect your order. Some restaurant do not serve all products. The images of the products and packaging that appear in the WEBSITE are shown as examples only and may not be identical to products or packages you receive from a restaurant. The differences may be due to the color display of your device or to factors, such ingredients used, the supplier, the area where the restaurant is located, and the season of the year.
About the prices in the order: Each restaurant applies the prices determined by the network as they are shown in the ordering feature and then applies any taxes and additional costs required by law. Some offers and some prices may not be available on all orders at all locations. If you discover an error in the price of a product you are charged, please contact the restaurant where you purchased the product to request a refund for the difference in price.
Cafe Zam Zam ensures quality standards and is responsible and liable for all and any issues and cases pertaining to the quality of the food or order for e.g. veg/non-veg labelling etc but not limited to this, to the User directly.
User understands that some type of Food may be suitable for users within certain age ranges only. It is your sole responsibility to check whether the Food you are ordering is suitable for the intended recipient
Prices and Payments:
All prices listed on the Cafe Zam Zam Website for food is correct at the time of publication and is as received from the participating restaurant. While Cafe Zam Zam takes great care to keep them up to date, the final price charged to you may change at the time of delivery, based on the latest menu and prices. Cafe Zam Zam reserves the right to alter the menu of food available for sale and to delete and remove from listing the menu of Food and Food Delivery options, if any.
User agrees that in case of change in price, Cafe Zam Zam or its employees will not be liable to him in any manner.
The total price for food and food delivery including all other charges, taxes, costs, if any, will be displayed on the Cafe Zam Zam Website when you place your order. Full payment must be made for all the particulars mentioned in the order.
If you choose online payment, you shall ensure that online payment mode is secured, 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 necessary security checks to confirm about your identification before making any such payment.
Delivery Terms
Delivery period quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address as intimated by you while ordering.
Cafe Zam Zam will make every effort to deliver within the time stated; however, Cafe Zam Zam will not be liable for any loss caused to you by late delivery. If the Food is not delivered within the estimated delivery time quoted, User may contact Cafe Zam Zam by email/phone and Cafe Zam Zam will try to ensure that you receive your order as quickly as reasonably possible.
In case of a late delivery, the delivery charge will neither be voided nor refunded by Cafe Zam Zam .
If you fail to accept delivery of Food at the time, they are ready for delivery or Cafe Zam Zam is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which Cafe Zam Zam incur as a result of the inability to deliver shall be your responsibility and you shall indemnify Cafe Zam Zam in full for such cost.
You must ensure that at the time of delivery of Food adequate arrangements, including access where necessary, are in place for the safe delivery of the Food. Cafe Zam Zam cannot be held liable for any damage, cost or expense incurred to such Food as a result of a failure to provide adequate access or arrangements for delivery.
Payment of your order: You only make your purchase when you submit your order to a restaurant. When you complete your order, you allow the restaurant to process your total order (if updated, the revised total of your order). The restaurant’s payment service provider will process the total amount of your order (it is updated, the revised total amount of your order) to the credit card you chose when you created your order. You may receive a notification in the website informing you that the restaurant has accepted and started to prepare your order. The products belong to you once you have picked them up or received them.
Cancelling your order, refunds and your consumer rights: You can update or cancel your order at any time before confirming your payment on the restaurant’s website. However, once you have made the payment, you will not be able to cancel it. If you wish to be reimbursed for any reason, particularly if the products were not satisfactory or for other reasons, please contact the restaurant where you purchased the product for a refund. Your legal rights in this regard are not affected by any of these TERMS.
A refund request usually takes 7-10 business days to reflect in customer’s account depending on the bank/wallet used for payment. Refund is only available when product is not eatable at all.
To apply for refund customer, have to email at support@cafezamzam.in with valid reason and proof
OFFERS ON WEBSITE:
The following general conditions apply to the offers: (1) The offer may only be accessible by this particular and for the displayed product and is subject to availability, at participating restaurants only, until the expiry date; (2) Unless otherwise stated, each offer expires when the product is purchased; (3) Unless otherwise stated, only one offer can be applied by visiting the restaurant; (4) Offers are non-transferable; and (5) Offers cannot be exchanged for cash. in addition, specific conditions may apply to the offer featured in the WEBSITE and displayed beside the offer. Not all offers that can be applied to orders and/or are eligible for delivery.
DISCLAIMER
THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE RESTAURANT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE WEBSITE AND ALL MATERIALS THEREIN ARE PROVIDED “AS IS,” “ON THE BASIS OF THEIR AVAILABILITY” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN FORCE. THE RESTAURANT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE RESTAURANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR NOT TO OTHER HARMFUL COMPONENTS. THE RESTAURANT NO WARRANTY, AND MAKES NO REPRESENTATIONS ABOUT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN RELATION TO ITS ACCURACY, PRECISION, RELIABILITY, OR OTHER CRITERIA.
THE RESTAURANT DISCLAIMS ANY LIABILITY DUE TO THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU (AND NOT THE RESTAURANT) ASSUME THE ENTIRE COST OF NECESSARY SERVICING OR REPAIRS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. You assume total responsibility for your use of the WEBSITE and all related sites. YOUR ONLY RECOURSE AGAINST THE RESTAURANT IN THE EVENT YOU ARE DISSATIFIED WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE AND ANY CONTENT. This limitation of recourse is part of negotiations between parties.
The RESTAURANT disclaims any liability whatsoever, and for any consequences or damage resulting, directly or indirectly, in relation to allergens and/or raw materials used by the RESTAURANTS in the manufacturing of products sold. We ensure that each restaurant uses quality products, but it is your responsibility to report any allergy and or intolerance directly to the RESTAURANT. Also, regarding fish-based products, we take care to remove the fish bones, but some may remain.
RESTRICTIONS OF LIABILITY
THE RESTAURANT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY USE OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY TRANSMISSION, COMPUTER VIRUS OR FAILURE OF TRANSMISSION LINE. THE RESTAURANT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DUE TO THE USE OR INABILITY TO USE, THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF THE RESTAURANT AND ITS AFFILIATES OR THE RESTAURANT OR AUTHORIZED REPRESENTATIVE OF THE RESTAURANT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR IF BOTH SITUATIONS HAVE OCCURRED. THE ABOVE LIMITATIONS, EXCLUSIONS AND LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE RESTAURANT’S TOTAL LIABILITY TO YOU FOR ANY LOSS, DAMAGE AND INTENTIONS OF ACTION (WHETHER IN CONTRACT, TRANSACTION (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL BE THE LESSER OF (I) THE AMOUNT YOU PAID TO USE THE WEBSITE, OR (II) IF WEBSITE WAS FREE, THE LUMP SUM OF $100 CAD. THE LEGAL RIGHTS OF THE RESTAURANT TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED.
EXTERNAL LINKS AND THIRD-PARTY SERVICES
The WEBSITE can lead to websites, downloadable material, content, social media or other digital services (collectively “THIRD-PARTY SERVICES”) or allow you to use them. These THIRD- PARTY SERVICES may have separate terms and conditions or policies on the protection of personal information that you should read and understand before using them. The restaurant is not responsible for the content of such downloadable material or external sites, has no control over them, does not approve the services of these third parties and is not professionally or personally tied to these THIRD-PARTY SERVICES. You understand and agree that the RESTAURANT cannot guarantee and does not warrant that files or software of any kind, or from any source whatsoever, that are available for download via the WEBSITE are free from computer viruses, Trojan horses, code, defects, logic bombs or any other destructive measures that may be transmitted to our WEBSITE or its intermediary.
Personal Information and Privacy Policy
User understands and acknowledges that by choosing Cafe Zam Zam you have allowed Cafe Zam Zam to use your personal information.
User understands, acknowledges and agrees that although Cafe Zam Zam provides appropriate firewalls and protections, the Cafe Zam Zam Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Cafe Zam Zam is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Cafe Zam Zam Service and/or any particular user(s), Cafe Zam Zam will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
Your use of this site means that we have your consent to send periodic communication regarding offers, alerts and updates. This communication can be through SMS, emails or any other communication tool.
User submissions: Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, pictures, questions, complaints or other information published or communicated to the RESTAURANT by the website (collectively “SUBMISSIONS”). You understand that by sending all SUBMISSIONS to the website through the APPLICATION, you grant the website perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sub-contract to others, modify, translate, prepare derivative works of, display advertising and publicly publish submissions, including using them for any commercial or other purpose without your approval or compensation, or approval or compensation from any other person. The website will not be required to treat any SUBMISSION as confidential.
Unsolicited ideas: The restaurant has a policy not to accept unsolicited ideas. While we appreciate that you took the time to think of the restaurant, we are not able to consider new ideas from outside the restaurant’s system. You expressly waive any claim against the restaurant and against any member of the restaurant system pertaining to the evaluation, use or development by the restaurant of any product, design, concept or other similar material to your SUBMISSION, now or in the future. The restaurant and its affiliates, franchisees, agents, representatives and agents, and their directors, officers and employees are collectively referred to as “MEMBERS OF THE RESTAURANT’S SYSTEM.”
TERMINATION
The restaurant may terminate, at its sole discretion, these TERMS at any time, for any reason and without giving you prior notice by putting the website out of service. You may terminate these terms at any time for any reason without giving prior notice to the restaurant by uninstalling the application from your device or by ceasing to use the application on the restaurant website.
EVENTS BEYOND OUR CONTROL
NEITHER THE RESTAURANT OR ANY MEMBER OF THE RESTAURANT SYSTEM HAS THE RESPONSIBILITY OF FAILURE TO FULFILL ANY OBLIGATION HEREUNDER BY REASON OF ANY EVENT OUT OF REASONABLE CONTROL REGARDING THE RESTAURANT OR IN CONNECTION WITH IT. If such an event occurs, the obligations of the restaurant under these TERMS will be suspended for the duration of the event; the restaurant may, but is not obliged to, implement all reasonable efforts to find a solution that its obligations hereunder may be exercised despite the event.
ENTIRE AGREEMENT
These TERMS, including all additions and all updates, constitute the entire agreement between the parties regarding the use of the WEBSITE.
CHANGES
The RESTAURANT may revise these TERMS at any time and in its sole discretion by changing these TERMS in the APPLICATION. The changes will be effective immediately when we publish a revised version of these TERMS. You are responsible for checking these TERMS periodically to ensure that you agree with these changes. By continuing to access the APPLICATION or use after such changes have been made to the TERMS, constitutes your acceptance of the changes.
TRADEMARK INFORMATION AND COPYRIGHT
VARIA
Each of the TERMS hereunder is divisible and operates separately. If one of them is unlawful, void or unenforceable, the other TERMS will retain their full effect. If the RESTAURANT does not insist that you fulfill any obligation hereunder or if the RESTAURANT fails to defend its rights against you, or delays in doing so, it will not mean that the RESTAURANT has waived its rights against you and that you are not required to comply with these obligations. The RESTAURANT may transfer its rights and obligations under these TERMS to another company or entity, but it will not affect your rights and our obligations under these terms. You can only transfer your rights or obligations regarding these TERMS to another person only if the RESTAURANT provides express written consent.
SUPPORT SERVICES
If you have questions or comments about the application, please contact the RESTAURANT.
Ownership of Intellectual Property
All intellectual property rights of the Cafe Zam Zam , including but not limited to copyright, logos, names, trademarks, service marks, design, text, sound recordings, images, links, concepts and themes are exclusively owned by the Cafe Zam Zam . Any reproduction, transmission, publication, performance, broadcast, alteration, license, hyperlink, creation of derivative works or other use in whole or in part in any manner is strictly prohibited.
All rights reserved to the RESTAURANT CAFE ZAM ZAM.
