ZINGBEE PRIVATE LIMITED

TERMS & CONDITIONS

These Terms & Conditions (“Terms”) govern your access to and use of the ZingBee mobile applications, websites, web platforms, products, services and related technologies (collectively, the “Platform”) operated by ZingBee Private Limited (“ZingBee”, “Company”, “we”, “us” or “our”).

By registering for, accessing, browsing or using the Platform, you acknowledge that you have read, understood and agreed to these Terms, together with our Privacy Policy, Refund & Cancellation Policy and any other policies displayed on the Platform.

If you do not agree with these Terms, you must not use the Platform.

1. DEFINITIONS

For the purposes of these Terms:

“Customer/User” means any individual or entity accessing or using the Platform.

“Vendor/Merchant” means a restaurant, grocery store, retailer, service provider or other business offering products or services through the Platform.

“Delivery Partner” means an independent delivery person or logistics partner engaged or facilitated through the Platform for delivery services.

“Order” means a request placed by a Customer through the Platform for the purchase or delivery of products or services.

“Platform” means ZingBee's websites, mobile applications, software, APIs, systems and associated services.

“Services” means the technology, marketplace, ordering, payment facilitation, delivery coordination, promotional and other services provided through the Platform.

2. ELIGIBILITY

2.1 You must be legally capable of entering into a binding contract under applicable law to use the Platform.

2.2 If you are using the Platform on behalf of a company, organisation or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2.3 ZingBee may restrict, suspend or terminate access where it reasonably believes that an account is being used in violation of applicable law or these Terms.

3. ACCOUNT REGISTRATION

3.1 Certain features may require you to create an account.

3.2 You agree to provide accurate, complete and current information.

3.3 You are responsible for maintaining the confidentiality of your login credentials and for activities carried out through your account.

3.4 You must immediately notify ZingBee if you suspect unauthorised access to your account.

3.5 ZingBee may require verification of your mobile number, email address or other information for security, compliance or operational purposes.

3.6 A user must not create an account using another person's identity or impersonate another person or entity.

4. ZINGBEE AS A TECHNOLOGY / MARKETPLACE PLATFORM

4.1 Depending on the service, ZingBee may operate as a technology platform connecting Customers with Vendors, Delivery Partners and other service providers.

4.2 Unless expressly stated otherwise, ZingBee does not manufacture, prepare, package or independently sell products listed by third-party Vendors.

4.3 Product descriptions, availability, pricing, images, ingredients, nutritional information, preparation methods and other information may be provided by Vendors.

4.4 Vendors are responsible for ensuring that their products, services, licences, registrations and business operations comply with applicable law.

4.5 ZingBee may take reasonable steps to verify or monitor Vendors but does not guarantee the accuracy or completeness of every Vendor-provided representation.

5. PRODUCTS AND SERVICES

5.1 Products and services displayed on the Platform may vary by location, Vendor, availability and operating hours.

5.2 Product images are for representation purposes and actual products may vary in appearance, size, packaging or presentation.

5.3 Product availability is not guaranteed until the Order is accepted or otherwise confirmed through the Platform.

5.4 ZingBee reserves the right to correct pricing, description, availability or other listing errors.

5.5 Where a product becomes unavailable after an Order has been placed, the Customer may be notified and the unavailable item may be cancelled or substituted in accordance with the applicable Order process.

6. ORDER PLACEMENT AND ACCEPTANCE

6.1 Customers may place Orders through the Platform by selecting available products and completing the applicable checkout process.

6.2 Placing an Order constitutes a request to purchase the selected products or services.

6.3 An Order may be accepted, rejected or cancelled depending on product availability, Vendor acceptance, location, payment status, operational conditions or other legitimate reasons.

6.4 ZingBee may cancel an Order where:

the Vendor is unable to fulfil the Order;
the product is unavailable;
the delivery location is outside the serviceable area;
payment is unsuccessful;
suspicious or fraudulent activity is detected;
incorrect pricing or listing information is identified;
circumstances beyond reasonable control prevent fulfilment; or
cancellation is required by law or for safety reasons.

6.5 Where an Order is cancelled and a refund is applicable, the eligible amount will be processed in accordance with the applicable Refund & Cancellation Policy.

7. PRICING, TAXES AND CHARGES

7.1 Prices displayed on the Platform may include or exclude applicable taxes depending on the applicable invoice and checkout presentation.

7.2 Customers may be charged applicable:

product/service charges;
GST or other applicable taxes;
delivery charges;
platform or convenience charges;
surge or peak-time charges;
packaging charges;
service fees; and
other clearly disclosed applicable charges.

7.3 The final amount payable will be displayed before the Customer completes payment, where reasonably practicable.

7.4 Prices may be changed by Vendors or ZingBee from time to time.

7.5 Applicable GST invoices may be issued by the relevant party depending on the nature of the transaction.

8. PAYMENTS

8.1 ZingBee may support payment methods including cards, UPI, net banking, wallets, cash payments where available, and other payment methods offered through authorised payment providers.

8.2 Payment processing may be performed by third-party payment service providers.

8.3 ZingBee does not store sensitive payment credentials such as complete card numbers or payment authentication information unless expressly permitted and required under applicable law.

8.4 Customers agree to provide accurate payment information and use only payment methods they are authorised to use.

8.5 ZingBee may suspend or restrict transactions where fraud, abuse, chargeback manipulation or other suspicious activity is reasonably suspected.

9. CANCELLATION

9.1 Customers may request cancellation of an Order subject to the cancellation rules applicable to that Order.

9.2 Cancellation eligibility may depend on whether the Vendor has accepted the Order, started preparation, packed the product, dispatched the Order or whether the Delivery Partner has commenced delivery.

9.3 Certain customised, perishable or prepared products may not be eligible for cancellation after preparation has commenced, subject to applicable law.

9.4 If a Vendor is unable to fulfil an accepted Order because the ordered product is unavailable, the applicable Order amount for the unavailable product shall be refunded in accordance with the Refund Policy.

10. REFUNDS

10.1 Refunds will be processed in accordance with the applicable Refund & Cancellation Policy.

10.2 Refund eligibility may depend on the reason for cancellation, product category, payment method and applicable law.

10.3 Where an Order cannot be fulfilled by the Vendor and the Customer has already paid, the eligible amount may be refunded through the original payment method or another permitted method.

10.4 Processing times may vary depending on the payment gateway, bank, card issuer or financial institution.

10.5 ZingBee may investigate refund requests involving suspected misuse, fraudulent claims or repeated abuse.

11. FOOD, GROCERY AND PERISHABLE PRODUCTS

11.1 Customers acknowledge that food and other perishable products may have limited shelf life and may be affected by preparation, packaging, transportation and environmental conditions.

11.2 Vendors are responsible for complying with applicable food safety, hygiene, licensing, labelling and quality requirements applicable to their business.

11.3 Customers should review product information, ingredients and allergy-related information where provided.

11.4 Customers with allergies or dietary restrictions should independently verify suitability before consuming any product.

11.5 ZingBee should be notified promptly of any issue concerning an Order so that it can be investigated and, where appropriate, resolved.

12. DELIVERY

12.1 Delivery estimates displayed on the Platform are estimates and may change due to traffic, weather, Vendor preparation time, distance, demand, technical issues or other operational circumstances.

12.2 ZingBee does not guarantee an exact delivery time unless an expressly guaranteed delivery service is offered.

12.3 Customers must provide an accurate delivery address and contact information.

12.4 Customers should remain reasonably available to receive the Order.

12.5 Additional delivery attempts or charges may apply where permitted if delivery cannot be completed due to inaccurate information, customer unavailability or other circumstances attributable to the Customer.

13. PROMOTIONS, COUPONS AND OFFERS

13.1 ZingBee may provide promotional campaigns, coupons, discounts, cashback, referral benefits and other offers.

13.2 Each offer may have separate eligibility requirements, validity periods, usage limits and other conditions.

13.3 Unless expressly stated, promotional offers cannot be exchanged for cash.

13.4 ZingBee may withdraw or modify an offer where required due to technical errors, misuse, fraud or other legitimate reasons.

13.5 A Customer must not use multiple accounts or other fraudulent methods to obtain promotional benefits.

14. REFERRAL PROGRAMMES

14.1 Where ZingBee operates a referral programme, referral benefits shall be subject to the specific referral terms displayed on the Platform.

14.2 Referral rewards may be withheld or reversed where ZingBee identifies fraudulent, artificial or abusive referral activity.

14.3 Referral programmes may be modified, suspended or discontinued by ZingBee subject to applicable law.

15. CUSTOMER RESPONSIBILITIES

Customers agree to:

provide accurate information;
use the Platform lawfully;
make legitimate purchases;
provide accurate delivery information;
maintain account security;
comply with applicable laws;
treat Vendors and Delivery Partners respectfully; and
report genuine issues through the appropriate support channel.

Customers must not:

use the Platform for fraudulent purposes;
create fake accounts;
manipulate reviews or ratings;
abuse coupons or referral programmes;
attempt unauthorised access to the Platform;
interfere with Platform operations;
upload malicious software;
impersonate another person;
submit false complaints;
use automated systems to abuse the Platform; or
engage in unlawful, threatening or abusive conduct.

16. VENDOR RESPONSIBILITIES

Vendors using the ZingBee Platform are responsible for:

16.1 maintaining all licences, registrations, permits and approvals required for their business;

16.2 ensuring that products and services comply with applicable laws;

16.3 providing accurate product descriptions, prices and availability;

16.4 maintaining appropriate product quality and hygiene standards;

16.5 fulfilling accepted Orders within the agreed operational timeframe;

16.6 providing accurate invoices where legally required;

16.7 protecting Customer information received through the Platform;

16.8 complying with applicable tax obligations; and

16.9 responding appropriately to genuine Customer complaints relating to products or services supplied by the Vendor.

17. VENDOR COMMISSIONS AND PLATFORM CHARGES

17.1 Vendors may be required to pay ZingBee commissions, platform fees, service charges, payment processing charges, promotional charges or other applicable charges according to the commercial agreement between ZingBee and the Vendor.

17.2 Applicable commissions, deductions and service charges shall be communicated to the Vendor through the applicable commercial arrangement, agreement, dashboard or other authorised communication.

17.3 No undisclosed platform charge shall be imposed contrary to the applicable Vendor agreement.

17.4 ZingBee may deduct amounts payable by the Vendor from settlements where permitted under the applicable Vendor agreement.

18. PROMOTIONAL CAMPAIGNS

18.1 ZingBee may conduct promotional and marketing campaigns for participating Vendors.

18.2 Promotional participation may be subject to campaign-specific eligibility and commercial terms.

18.3 Unless otherwise agreed, participation in a promotion does not guarantee any minimum number of Orders or sales.

19. ORDER CANCELLATION DUE TO PRODUCT UNAVAILABILITY

19.1 Vendors should maintain accurate inventory and product availability information.

19.2 If an Order is placed for a product that is unavailable, the Vendor should promptly notify ZingBee or update availability through the Platform.

19.3 Where the Customer has paid for an unavailable product and the Order cannot be fulfilled, the applicable amount shall be refunded according to the Refund Policy.

19.4 Where an Order is cancelled because a Vendor accepted an Order for an unavailable product, any applicable Vendor-side charges, transaction costs or other commercial consequences shall be governed by the Vendor Agreement and applicable law.

20. RATINGS AND REVIEWS

20.1 Customers may be permitted to provide ratings and reviews.

20.2 Reviews should be genuine, relevant and based on the Customer's actual experience.

20.3 Reviews must not contain unlawful, defamatory, threatening, discriminatory, abusive or misleading content.

20.4 ZingBee may moderate or remove content that violates applicable law or Platform policies.

20.5 ZingBee does not guarantee that all reviews represent the views of ZingBee.

21. INTELLECTUAL PROPERTY

21.1 The Platform, including its software, design, interface, logos, trademarks, graphics, text, images, databases and other materials, is owned by or licensed to ZingBee and is protected by applicable intellectual property laws.

21.2 The ZingBee name, logo and associated branding may not be copied, reproduced, modified or used without prior written permission.

21.3 Users receive a limited, non-exclusive, non-transferable and revocable right to use the Platform for its intended lawful purpose.

21.4 Users must not reverse engineer, decompile, reproduce, distribute, sell, lease or commercially exploit any part of the Platform except where expressly permitted by law.

22. USER-GENERATED CONTENT

22.1 Where users submit reviews, feedback, photographs or other content, the user represents that they have the necessary rights to submit such content.

22.2 By submitting content, the user grants ZingBee a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and use that content for operating, improving and promoting the Platform, subject to applicable law.

22.3 ZingBee may remove content that violates these Terms or applicable law.

23. PRIVACY AND PERSONAL DATA

23.1 ZingBee may collect and process personal information required to provide, secure and improve its Services.

23.2 Such processing shall be governed by ZingBee's Privacy Policy and applicable data-protection laws.

23.3 Users should review the Privacy Policy before using the Platform.

23.4 ZingBee may process information necessary for order fulfilment, customer support, payments, fraud prevention, security, legal compliance and other legitimate purposes.

23.5 Where consent is required, ZingBee will obtain and manage consent in accordance with applicable law.

23.6 Users may have rights relating to their personal data as provided under applicable law.

The privacy framework should be maintained separately from these Terms because India's DPDP framework contains specific requirements concerning notice, consent, processing, data-principal rights and grievance redressal.

24. THIRD-PARTY SERVICES

24.1 The Platform may integrate with third-party services including payment gateways, maps, authentication providers, analytics services, communication providers and logistics providers.

24.2 Third-party services may be governed by their own terms and privacy policies.

24.3 ZingBee is not responsible for independent failures or policies of third-party service providers except to the extent required by applicable law.

25. PLATFORM AVAILABILITY

25.1 ZingBee will use reasonable efforts to keep the Platform operational.

25.2 However, the Platform may occasionally be unavailable due to:

maintenance;
upgrades;
technical failures;
telecommunications issues;
server failures;
cybersecurity incidents;
third-party service failures;
natural disasters;
government restrictions; or
other circumstances beyond reasonable control.

25.3 ZingBee does not guarantee uninterrupted or error-free access.

26. FRAUD AND SECURITY

26.1 ZingBee may use automated and manual systems to detect suspicious transactions and fraudulent activity.

26.2 ZingBee may temporarily restrict an account, Order, payment or transaction where reasonably necessary for security or fraud prevention.

26.3 Where legally required or reasonably necessary, ZingBee may cooperate with law-enforcement or regulatory authorities.

27. LIMITATION OF LIABILITY

27.1 To the maximum extent permitted by applicable law, ZingBee shall not be liable for indirect, incidental, special, consequential or punitive losses arising from use of the Platform.

27.2 ZingBee shall not be responsible for matters outside its reasonable control, including Vendor conduct, Delivery Partner conduct, traffic, weather, internet failures, third-party service failures or product-specific issues, except where liability cannot legally be excluded.

27.3 Nothing in these Terms is intended to exclude or restrict any consumer right or legal protection that cannot lawfully be excluded.

28. INDEMNIFICATION

To the extent permitted by applicable law, a user may be required to indemnify and hold harmless ZingBee Private Limited, its directors, officers, employees and authorised representatives against claims, losses, damages, liabilities and expenses arising from:

violation of these Terms;
unlawful use of the Platform;
fraudulent activity;
infringement of third-party rights; or
misuse of another person's information or account.

29. SUSPENSION AND TERMINATION

29.1 ZingBee may suspend or terminate an account where reasonably necessary due to:

violation of these Terms;
fraudulent or abusive activity;
unlawful activity;
repeated misuse of the Platform;
security concerns; or
other legitimate operational or legal reasons.

29.2 Users may request account closure subject to applicable legal and contractual obligations.

29.3 Certain information may need to be retained where required by law, taxation, accounting, fraud prevention or dispute-resolution requirements.

30. CHANGES TO THESE TERMS

30.1 ZingBee may update these Terms from time to time.

30.2 Updated Terms will be published through the Platform with the revised effective date.

30.3 Where required by applicable law, ZingBee will provide appropriate notice of material changes.

30.4 Continued use of the Platform after the effective date of updated Terms may constitute acceptance to the extent permitted by law.

31. DISPUTE RESOLUTION

31.1 ZingBee will endeavour to resolve disputes through its internal customer-support and grievance-resolution process.

31.2 Nothing in these Terms shall prevent a consumer from exercising rights available under applicable consumer-protection law.

31.3 Where a dispute is required to be resolved through arbitration or other alternative dispute resolution under a separate agreement, the applicable agreement shall govern.

32. GOVERNING LAW

These Terms shall be governed by the laws of India, subject to applicable mandatory consumer-protection and other statutory rights.

Any jurisdiction clause shall be interpreted subject to applicable Indian law and the jurisdictional rights available to consumers.

33. FORCE MAJEURE

ZingBee shall not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, floods, earthquakes, epidemics, war, civil unrest, governmental restrictions, strikes, telecommunications failures, internet outages, infrastructure failures or other force majeure events.

34. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in effect.

35. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Vendor Agreement and other applicable policies or service-specific terms, constitute the applicable agreement governing use of the Platform.

Where a separate written agreement exists between ZingBee and a Vendor, the terms of that agreement shall govern the commercial relationship to the extent of any inconsistency.

ACCEPTANCE

By accessing or using the ZingBee Platform, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them, subject to your rights under applicable law.

Terms and condition