Terms of Service
Terms of Service
Review the terms and conditions that govern the use of our platform.
Introduction
Last Updated: May 31, 2025
Welcome to Zaikoos. These Terms of Service ("Terms") govern your use of our website, mobile application, and related food delivery and menu management services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and comply with all applicable Indian laws and regulations. If you disagree with any part of the Terms, you may not access the Service. These Terms are governed by Indian law and are subject to the jurisdiction of Indian courts.
Definitions
Throughout these Terms, the following definitions apply:
- "Service" refers to the Zaikoos website, mobile application, food delivery platform, menu management system, and other related services provided in India.
- "User," "you," and "your" refer to the individual or entity using our Service who is a resident of India or accessing services from India.
- "Company," "we," "us," and "our" refer to Zaikoos, a company operating under Indian law.
- "Restaurant Partners" refer to the restaurants, food establishments, and cloud kitchens licensed under FSSAI that offer their menus through our Service.
- "Content" refers to text, images, photos, food images, logos, audio, video, and all other forms of data or communication uploaded to our platform.
Account Creation and Usage
To use certain features of our Service, you may be required to create an account. You must be at least 18 years old to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process, including valid Indian contact details.
- Maintain and promptly update your account information.
- Keep your account credentials secure and confidential.
- Be responsible for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account.
- Comply with all applicable Indian laws while using our Service.
- Provide valid GST details for business accounts where applicable.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, outdated, or if you violate Indian laws or these Terms.
Ordering and Payment
When placing an order through our Service:
- You agree to pay all charges at the prices listed at the time of your order, including applicable GST and other Indian taxes.
- All prices are in Indian Rupees (INR) and include applicable taxes unless stated otherwise.
- We reserve the right to change our prices at any time.
- Payment information is processed through secure Indian payment gateways (Razorpay, Paytm, UPI) compliant with RBI guidelines.
- Order cancellations are subject to our cancellation policy, which may vary depending on the order status and restaurant partner policies.
- Refunds will be processed as per Indian consumer protection laws and our refund policy.
- You agree to provide accurate delivery address within our serviceable areas in India.
User Restrictions
When using our Service, you agree not to:
- Use the Service for any illegal purpose or in violation of any Indian laws, including but not limited to the Information Technology Act 2000, Consumer Protection Act 2019, and Food Safety and Standards Act 2006.
- Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights protected under Indian law.
- Upload or share copyrighted content without proper authorization from the copyright owner.
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the Service or servers or networks connected to the Service.
- Attempt to gain unauthorized access to any portion of the Service or any other systems or networks.
- Harass, abuse, harm, or advocate harm against another person or group, which may constitute cybercrime under Indian law.
- Submit false or misleading information to us or our Restaurant Partners, including fake reviews or ratings.
- Use the Service to promote illegal activities or substances prohibited under Indian law.
- Engage in any activity that violates Indian cultural sensitivities or promotes communal disharmony.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Zaikoos and its licensors. The Service is protected by copyright, trademark, and other laws of India and international copyright treaties. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Zaikoos.
All intellectual property rights in the Service, including but not limited to copyrights, trademarks, service marks, trade names, and patents, are protected under the Indian Copyright Act 1957, Trade Marks Act 1999, and other applicable Indian laws.
User Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, food images, restaurant logos, or other material ("User Content"). By providing User Content to the Service, you:
- Grant us a limited, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of operating our Service.
- Represent and warrant that you own or have the necessary rights to post the User Content and that you have obtained all required permissions and licenses.
- Guarantee that your User Content does not violateany copyright, trademark, patent, or other intellectual property rights of any third party.
- Confirm that all uploaded images, logos, and contentare either original creations, properly licensed, or fall under fair use provisions of the Indian Copyright Act 1957.
- Agree to indemnify and hold harmless Zaikoos from any claims, damages, or legal action arising from copyright infringement related to your User Content.
- Acknowledge that uploading copyrighted materialwithout permission may result in immediate account suspension and legal action under Indian copyright laws.
Copyright Protection Notice: We have a zero-tolerance policy for copyright infringement. We reserve the right to remove any User Content that violates copyright laws and will cooperate with copyright owners in pursuing legal remedies. Repeat offenders will have their accounts permanently terminated.
Safe Harbor Disclaimer: Zaikoos acts as an intermediary platform under Section 79 of the Information Technology Act 2000. We do not pre-screen User Content but will promptly remove infringing content upon receiving valid copyright infringement notices.
Copyright Infringement and DMCA Compliance
We respect intellectual property rights and comply with the Indian Copyright Act 1957 and international copyright laws. If you believe that content on our platform infringes your copyright, please provide us with the following information:
- Your physical or electronic signature as the copyright owner or authorized representative.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the allegedly infringing material and its location on our Service.
- Your contact information (address, phone number, email address).
- A statement that you have a good faith belief that the use is not authorized by the copyright owner.
- A statement that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Notice Address: Send copyright infringement notices to hellozaikoos@gmail.com with the subject line "Copyright Infringement Notice."
Counter-Notice: If you believe your content was wrongly removed, you may file a counter-notice with the same information plus a statement under penalty of perjury that the content was removed by mistake.
Limitation of Liability
To the maximum extent permitted by Indian law, in no event shall Zaikoos, its affiliates, officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service.
However, this limitation shall not apply to damages arising from gross negligence, willful misconduct, or violations of Indian consumer protection laws. Our total liability for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim.
Zaikoos assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications, except as required by Indian law.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as mandated by Indian consumer protection laws.
Zaikoos, its subsidiaries, affiliates, and licensors do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location.
- Any errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
- Food quality, delivery times, or restaurant service standards (these are the responsibility of our Restaurant Partners).
Indian Consumer Rights: Nothing in these Terms shall limit your rights as a consumer under the Consumer Protection Act 2019 or other applicable Indian consumer protection laws.
Governing Law
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising from these Terms or the use of our Service shall be subject to the exclusive jurisdiction of the courts in Raipur, Chhattisgarh, India.
These Terms comply with the Information Technology Act 2000, Consumer Protection Act 2019, and other applicable Indian laws. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect through email notification and prominent notice on our Service. What constitutes a material change will be determined at our sole discretion, but we will consider the impact on your rights and Indian legal requirements.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should discontinue use immediately.
Compliance with Indian Laws
Our Service operates in compliance with:
- Information Technology Act, 2000 and IT Rules 2011
- Consumer Protection Act, 2019
- Food Safety and Standards Act, 2006 (FSSAI)
- Copyright Act, 1957
- Trade Marks Act, 1999
- Goods and Services Tax Act, 2017
- Reserve Bank of India (RBI) guidelines for digital payments
- Foreign Exchange Management Act (FEMA), 1999
We maintain compliance with all applicable Indian regulations and will cooperate with Indian authorities as required by law. Any violations of Indian law while using our Service may result in account termination and legal action.
Food Safety and Quality
All Restaurant Partners on our platform are required to:
- Maintain valid FSSAI licenses and certifications
- Comply with food safety and hygiene standards
- Provide accurate ingredient and allergen information
- Follow proper food handling and storage procedures
- Maintain quality standards as per FSSAI guidelines
While we verify FSSAI compliance, the responsibility for food quality, safety, and hygiene rests with the Restaurant Partners. Users should report any food safety concerns immediately.
Contact Us
If you have any questions about these Terms, please contact us at:
Zaikoos
Email: hellozaikoos@gmail.com