ZINGARA

Terms of Service

I. Acceptance of terms

Thank you for using Zingara. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Zingara website at  www.Zingara.club  (the "Site") and any related mobile or software applications ("Zingara Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future Zingara customers, including but without limitation to users having access to 'property business page' to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the Zingara Platform, you are agreeing to these Terms and concluding a legally binding contract with Zingara Club Private Limited and/or its affiliates (hereinafter collectively referred to as "Zingara"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Zingara Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

• Clicking to accept or agree to the Terms, where it is made available to you by Zingara in the user interface for any particular Service; or

• Actually using the Services. In this case, you understand and agree that Zingara will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

Customer

"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'property business page' to manage claimed business listings or otherwise.

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "Zingara Content" means content that Zingara creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Zingara or its Customers, such as Property Partners and is available on the Services.

Property(s)

"Property" means the merchants listed on Zingara Platform.

III. Eligibility to use the services

1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies)

IV. Changes to the terms

Zingara may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Zingara Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

V. Translation of the terms

Zingara may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Zingara. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

VI. Provision of the services being offered by Zingara

1. Zingara is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Zingara provides, may require affecting certain changes in it, therefore, Zingara reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

3. You acknowledge and agree that if Zingara disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

4. You acknowledge and agree that while Zingara may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Zingara may set such fixed upper limits at any time, at Zingara's discretion.

5. In our effort to continuously improve the Zingara Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Zingara Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.

6. By using Zingara's Services you agree to the following disclaimers:

   • The Content on these Services is for informational purposes only. Zingara disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Zingara reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Zingara does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Property/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Zingara. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Zingara. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Zingara.

   • Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Property's listing page on the Zingara Platform is for informational purposes only. Such Certification is displayed by Zingara on an 'as available' basis that is provided to Zingara by the Property partner(s)/Merchant(s). Zingara does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Zingara in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Property partner/Merchant.

7. Zingara reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Zingara Platform anytime in future.

8. Zingara may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Zingara Platform terms. Further, Zingara reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if Zingara determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Zingara Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Zingara reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

9. Zingara may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Zingara may decide at its discretion. Zingara reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

VII. Use of services by you or Customer

1. Zingara Customer Account Including 'Claim Your Business Listing' Access

a. You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

c. In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Zingara or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Zingara account for any purpose and that you will be liable for such unauthorized access.

e. By creating an account, you agree to receive certain communications in connection with Zingara Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.

2. Others Terms

a. In order to connect you to certain propertys, we provide value added telephony services through our phone lines, which are displayed on the specific property listing page on the Zingara Platform, which connect directly to propertys' phone lines. We record all information regarding this call including the voice recording of the conversation between you, and the property (for internal billing tracking purposes and customer service improvement at the property's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Zingara. You explicitly agree and permit Zingara to record all this information when you avail the telephony services through the Zingara provided phone lines on the Zingara Platform.

b. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

c. You agree to use the data owned by Zingara (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Zingara in writing.

d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Zingara, unless you have been specifically allowed to do so, by way of a separate agreement with Zingara. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

VIII. Content

1. Ownership of Zingara Content and Proprietary Rights

a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Zingara Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Zingara and that you shall not disclose such information without Zingara's prior written consent.

b. You agree to protect Zingara's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Zingara (or Zingara's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Zingara and that you shall not disclose such information without Zingara's prior written consent. Unless you have agreed otherwise in writing with Zingara, nothing in the Terms gives you a right to use any of Zingara's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Zingara; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Zingara's Content in whole or in part except as expressly authorized by Zingara.

d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

2. Your License to Zingara Content

a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Zingara Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Zingara Content or our IP Rights.

b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

3. Zingara License to Your or Customer Content

In consideration of availing the Services on the Zingara Platform and by submitting Your Content, you hereby irrevocably grant Zingara a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'property business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Zingara or its Customers, any third party services and their users.

4. Representations Regarding Your or Customer Content

a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws

b.  If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Zingara.

5. Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Property reserves the right to delete any images and pictures forming part of Customer Content, from such Property's listing page at its sole discretion.

6. Third Party Content and Links

a. Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or food delivery/ordering or dining out. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.

b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.

c. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Zingara is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

d. Third party content, including content posted by our Customers or Property Partners, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.

e. You further acknowledge and agree that Zingara is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

7. Customer Reviews

a. Customer reviews or ratings for Propertys do not reflect the opinion of Zingara. Zingara receives multiple reviews or ratings for Propertys by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Zingara is the personal opinion of the Customer/reviewer only. Zingara is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or property owners/representatives with access to property business page. The advertisements published on the Zingara Platform are independent of the reviews received by such advertisers.

b. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the property does not consider to be true, the best option for the property representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Property believes that any particular Customer's review violates any of the Zingara' policies, the property may write to us at  info@Zingara.club  and bring such violation to our attention. Zingara may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services

IX. Content guidelines and privacy policy

1. Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Polices related to Content

2. Privacy Policy

You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public

X. Restrictions on use

1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

a. Violate our Guidelines and Policies;

b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;

c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.

d. Contains material that violates the standards of good taste or the standards of the Services;

e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

f. Accuses others of illegal activity, or describes physical confrontations;

g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.

h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);

i. Attempts to impersonate another person or entity;

j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;

k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;

m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;

n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;

o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

p. Accesses or uses the account of another customer without permission;

q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

s. "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;

t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);

u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;

x. Collects, accesses, or stores personal information about other Customers of the Services;

y. Is posted by a bot;

z. Harms minors in any way;

aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or

ac. Attempts to do any of the foregoing.

ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

2. You acknowledge that Zingara has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

3. You hereby agree and assure Zingara that the Zingara Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Zingara in any form or manner whatsoever.

4. You hereby agree and assure that while communicating on the Zingara Platform including but not limited to giving cooking instructions to the Propertys, communicating with our support agents on chat support or with the Delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, Zingara reserves the right to suspend the chat support service and/or block your access and usage of the Zingara Platform, at any time with or without any notice.

5. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Zingara Platform, Zingara shall have the right to immediately block your access and usage of the Zingara Platform and Zingara shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

XI. Customer feedback

1. If you share or send any ideas, suggestions, changes or documents regarding Zingara's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Zingara is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Zingara may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Zingara and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.

2. Please provide only specific Feedback on Zingara's existing products or marketing strategies; do not include any ideas that Zingara's policy will not permit it to accept or consider.

3. Notwithstanding the abovementioned clause, Zingara or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to Zingara or any of its employees.

4. The purpose of this policy is to avoid potential misunderstandings or disputes when Zingara's products or marketing strategies might seem similar to ideas submitted to Zingara. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.

5. Terms of Idea Submission
   You agree that: (1) your Submissions and their Contents will automatically become the property of Zingara, without any compensation to you; (2) Zingara may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Zingara to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

XII. Advertising

1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Zingara on the Services are subject to change without specific notice to you. In consideration for Zingara granting you access to and use of the Services, you agree that Zingara may place such advertising on the Services.

2. Part of the site may contain advertising information or promotional material or other material submitted to Zingara by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Zingara Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Zingara found on or through the Zingara Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Zingara will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Zingara Platform and mobile application.

3. For any information related to a charitable campaign ("Charitable Campaign") sent to Customers and/or displayed on the Zingara Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Zingara is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Zingara does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.

XIII. Additional Terms and Conditions for Customers using the various services offered by Zingara:

1. FOOD ORDERING AND DELIVERY:

a. Zingara provides services by entering into contractual arrangements with property partners ( “Property Partners” ) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and delivery by the Customers on the Zingara Platform.

b. The Customers can access the menu items or Products listed on the Zingara Platform and place orders against the Property Partner(s)/Store(s) through Zingara.

c. Your request to Services or Products from a Property Partner or a Store page on the Zingara Platform shall constitute an unconditional and irrevocable authorization issued in favour of Zingara to place orders for Services or Products against the Property Partner(s)/Store(s) on your behalf.

d. To get service of an order placed by you through the Zingara Platform may either be undertaken directly by the Property Partner or the Store against whom you have placed an order, or facilitated by Zingara through a third-party who may be available to provide delivery services to you In both these cases, Zingara is merely acting as an intermediary between you and the Property Partner, or you and the Property Partner or the Store, as the case may be.

e. The acceptance by a Property Partner of undertaking service of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Property Partner, to which Zingara is not a party under any applicable law. It is clarified that Zingara does not provide any delivery or logistics services and only enables to facilitate the product or service ordered by the Customers through the Zingara Platform by connecting the Customers with the Property Partners or the Store, as the case may be. Zingara shall not be liable for any acts or omissions on part of the Property Partner including deficiency in service, wrong product of order, time taken to serve the order, order package tampering, etc.

f. Where Zingara is facilitating to get service against of an order placed by you on the Zingara Platform, there may be a chance that your order is grouped or batched with another order.

g. You may be charged a Convenience fee additional during payment of invoice amount raised by the Property Partner or the Store. You agree that Zingara is authorized to collect, on behalf of the Property Partner or the Store, the Convenience fee for the delivery of service provided by the Property Partner or the Store, as the case may be. The Convenience fee may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Property Partner / Store, order value, time of the day. Zingara will inform you of the Convenience fee that may apply to you, provided you will be responsible for Convenience fee incurred for your order regardless of your awareness of such Convenience fee.

h. In respect of the order placed by You, Zingara shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.

Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.

A. Service/Product with Property Partners:

All prices listed on the Zingara Platform are provided by the Property Partner, including handling charges, if any, at the time of publication on the Zingara Platform and the same are displayed by Zingara as received from the Property Partner. While we take great care to keep them up to date, the final price charged to you by the Property Partner, including the handling charges may change at the time of final invoice. In the event of a conflict between price on the Zingara Platform and price charged by the Property Partner, the price charged by the Property Partner shall be deemed to be the correct price except Convenience fee of Zingara.

B. General Terms and Conditions

a. Zingara is not a manufacturer, seller or distributor of any food, beverages or any Products and merely places an order against the Property Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Zingara, and facilitates the sale and purchase of food and beverages or Products between Customers and Property Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Property Partners/Store(s).

b. Zingara shall not be liable for any acts or omissions on part of the Property Partner/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.

c. The Property Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Zingara.

d. For the Customers in India, it is hereby clarified by Zingara that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Property Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.

e. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Zingara shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.

f. While placing an order you shall be required to provide certain details, including without limitation, contact number . You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Zingara's terms and privacy policies.

g. You or any person instructed by you shall not resell food and beverages or Products purchased via the Zingara Platform.

h. The total invoice value to be entered by you at the Zingara bill pay field and then Zingara will provide the specified offer discount from bill and additional charge a Convenience fee . After that you need to pay the final amount for your product or service availed. which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Zingara Platform.

i. Any amount that may be charged to you by Zingara over and above the order value, shall be inclusive of applicable taxes.

j. Delivery periods/service time quoted at the time of ordering are approximate only and may vary.

k. Personal Promo code can only be used by You subject to such terms and conditions set forth by Zingara from time to time.

l.  Cancellation and refund policy:

i. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Zingara, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Zingara to place that order against the Property Partners/Store(s) on your behalf ( “Authorization Breach" ). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Zingara to deduct or collect the amount payable as liquidated damages through such means as Zingara may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order

ii. There may be cases where Zingara is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Zingara, Property Partner/Store or Service Partner. In such cases, Zingara shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.

iii. No replacement / refund / or any other resolution will be provided without Property Partner’s/Store(s)’ permission.

iv. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.

v. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Property Partner /Store on a best-efforts basis.

vi. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

2. Payments:  To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Zingara Platform. Your access to Zingara shall be subject to receipt of successful payments by Zingara. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Zingara shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Zingara.

3. Terms:  These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

4. Subscription and Renewal:  The membership, once purchased, is non-transferable and non-refundable.

5.  Zingara reserves the right to terminate / suspend Your membership to the Zingara , if Zingara determines in its sole discretion that (i) You have violated the terms and conditions of Zingara set out herein, (ii) have been involved in activities that are in contravention of the Zingara terms and/or any terms for the usage of Zingara Platform; or (iii) have engaged in activities which are fraudulent/unlawful in nature while availing any of Services of Zingara. You will not be eligible for any refund if the Zingara membership has been terminated/suspended by Zingara for such cases.

6. Personal Information:  Zingara members will be required to share certain personal information with Zingara including their name, phone number, email address, payment details, in order to purchase Zingara. Zingara will use these details in accordance with the Privacy Policy published on  https://zingara.club/home/privacy.

7. Disclaimer:  The liability to extend the benefits under Zingara rests solely with the Zingara Partner Propertys and Zingara shall in no manner be liable if the Zingara Partner Propertys does not honour the benefits under Zingara. Zingara Partner Propertys reserve the right to refuse service to anyone in accordance with its policies.

8.  The Customer acknowledges that Zingara bears no responsibility for the compliance with statutory rules, regulations and licences by Zingara Partner Property. The Customer agrees that Zingara shall not be liable in any manner if the Customer is unable to avail the benefits under Zingara with a Zingara Partner Property due to the Zingara Partner Property’s violation of any statutory rule, regulation and licence.

9. Liability Limitation:  Notwithstanding anything otherwise set out herein, Zingara shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Zingara Partner Property or for the member’s experience at the Zingara Partner Property. Zingara shall in no manner be liable to the member if any outlet of Zingara Partner Property temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Zingara’s aggregate liability for any or all claims arising from or in connection with your use of Zingara shall be limited to the membership fee paid by you at the time of purchasing the membership.

10. Call Recording:  Zingara may contact Zingara members via telephone, SMS or other electronic messaging or by email with information about your Zingara experience or any feedback thereon. Any calls that may be made by Zingara, by itself or through a third party, to the members or the property pertaining to the experience of a Customer may be recorded for internal training and quality purposes by Zingara or any third party appointed by Zingara.

11. Assignment:  Zingara may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.

12. Contact Us:  You may contact us at  contact@zingara.club  for any further queries with regard to Zingara.

For Zingara members in India:

1. Zingara Membership:

As a member of Zingara, You will be entitled to avail Offer(s) on the Bill Value (as defined below), provided that the Bill Value for such order is above the minimum order value (if applicable) as determined by the Zingara Partner Property when You pay the Bill Value via the Zingara Platform based on and subject to the membership plan purchased by You via the Zingara Platform.

2. Benefits and features under Zingara membership:

i. Offer(s) can be redeemed at Zingara Partner Propertys only and the list of such Zingara Partner Propertys may be updated periodically;
ii. Offer(s) may be changed or added from time to time. You are advised to check the Offer(s) being offered by the Zingara Partner Property at the time of placing your order;
iii. Offer(s) cannot be exchanged for cash.
iv. Offer(s) shall be extended only if the Zingara member makes payment towards the Bill Value via the Zingara Platform.
v. You will be responsible to pay the Zingara Partner Propertys all costs and charges payable for all the other items for which you have placed an order and which are not covered under the Offer(s).
vi. There is no limit on the number of times the Offer(s) can be availed in a day.
viii. You are not permitted to avail the Offer(s) on more than two (2) devices at a time.
ix. The term of Your Zingara membership shall be subject to the membership plan opted by You.

3. Zingara for Dine in and on store service:

While availing Zingara benefits on dine-in, following terms and conditions shall be specifically applicable to Zingara members:

a. Upon fulfilment of payment of the Bill Value via the Zingara Platform, You will be required to show the payment confirmation to the Zingara Partner Property.
b. Offer(s) cannot be clubbed during the same visit.
c. Zingara members are required to be present at the Zingara Partner Property when availing the Offer(s).
d. Offer(s) cannot be clubbed with any ongoing Zingara Partner Property Offer(s) or on menu items which are being sold on discount.
e. Offer(s) extended by the Zingara Partner Property shall be valid irrespective of the number of people seated on the table except for unlock offer(s) where a minimum of two Customers are required to avail the Offer(s).

f. Offer(s) shall not be applicable on tobacco and related products.
g. Customer cannot use Zingara for dine-in if the Customer is employed at the same Zingara Partner Property.

4.  The Zingara Partner Propertys may change from time to time and the members are advised to keep a check on the updated list of Zingara Partner Propertys from time to time at Zingara’s Platform.

5. Fees:  In order to avail Zingara membership, members are required to pay a membership fee which shall be based on the membership plan opted by such member.

6. Payments:  To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Zingara Platform. Your access to Zingara shall be subject to receipt of successful payments by Zingara. The membership fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. Zingara shall require additional information and/or documents from you in accordance to the applicable local laws in your or as per the internal requirements of Zingara.

7. Terms:  These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

8. Subscription and Renewal:  The membership, once purchased, is non-transferable and non-refundable.

9. Modification to Zingara:  Zingara reserves the right to offer, alter, extend or withdraw, as the case may be, any offers or discounts or promotions extended by Zingara at any time with or without giving any prior notice to the Customer. In such cases, such revision will be updated on the Zingara Platform accordingly.

10.  Zingara reserves the right to terminate / suspend Your membership to the Zingara, if Zingara determines in its sole discretion that (i) You have violated the terms and conditions of Zingara set out herein, (ii) have been involved in activities that are in contravention of the Zingara terms and/or any terms for the usage of Zingara Platform; or (iii) have engaged in activities which are fraudulent/unlawful in nature while availing any of Services of Zingara. You will not be eligible for any refund if the Zingara membership has been terminated/suspended by Zingara for such cases.

11. Personal Information:  Zingara members will be required to share certain personal information with Zingara including their name, phone number, email address, payment details, in order to purchase Zingara. Zingara will use these details in accordance with the Privacy Policy published on  https://zingara.club/home/privacy.

12. Disclaimer:  The liability to extend the benefits under Zingara rests solely with the Zingara Partner Propertys and Zingara shall in no manner be liable if the Zingara Partner Propertys does not honour the benefits under Zingara. Zingara Partner Propertys reserve the right to refuse service to anyone in accordance with its policies. However, in the event a Zingara Partner Property refuses to honour Zingara in accordance with these Terms, please reach us via Gold chat support on the Zingara app or write to us at  info@zingara.club  and we shall use our best endeavour to assist you.

13.  The Customer acknowledges that Zingara bears no responsibility for the compliance with statutory rules, regulations and licences by Zingara Partner Property. The Customer agrees that Zingara shall not be liable in any manner if the Customer is unable to avail the benefits under Zingara with a Zingara Partner Property due to the Zingara Partner Property’s violation of any statutory rule, regulation and licence.

14. Liability Limitation:  Notwithstanding anything otherwise set out herein, Zingara shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Zingara Partner Property or for the member’s experience at the Zingara Partner Property. Zingara shall in no manner be liable to the member if any outlet of Zingara Partner Property temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Zingara’s aggregate liability for any or all claims arising from or in connection with your use of Zingara shall be limited to the membership fee paid by you at the time of purchasing the membership.

15. Call Recording:  Zingara may contact Zingara members via telephone, SMS or other electronic messaging or by email with information about your Zingara experience or any feedback thereon. Any calls that may be made by Zingara, by itself or through a third party, to the members or the property pertaining to the experience of a Customer may be recorded 4or internal training and quality purposes by Zingara or any third party appointed by Zingara.

16. Assignment:  Zingara may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.

17. Contact Us:  You may contact us at  info@zingara.club  for any further queries with regard to Zingara.

4. FOOD HYGIENE RATINGS:

a. The Food Hygiene Ratings  ("Hygiene Rating(s)")  is an initiative of Zingara in partnership with certified auditors ("Hygiene Auditor(s)") to audit propertys. The Customer acknowledges that Zingara is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.

b. The Customer understands and agrees that the Hygiene Rating(s) displayed on the Zingara Platform are for informational purposes only and merely indicate the hygiene standards of a property at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards maintained by a property.

c. Validity:
i. The validity of the Hygiene Rating(s) displayed on the Zingara Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the Zingara Platform.
ii. Zingara reserves the right to remove the Hygiene Rating(s) for a property upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the Customer.

d. Disclaimer and Liability:
i. The Hygiene Rating(s) that are displayed on the Zingara Platform are on an 'as available' basis, based on the data provided to Zingara by the Hygiene Auditor(s) for a property and Zingara disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the Zingara Platform.
ii. Any actions taken by a Customer relying upon the Hygiene Rating(s) or any information displayed in this regard on the Zingara Platform shall be strictly at such Customer's own risk and Zingara shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Zingara expressly disclaims all liabilities that may arise in connection to the reliance by a Customer on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a property, or any other services that may be provided by a property.
iii. Zingara shall under no circumstances be held liable if a property does not display the correct and accurate Hygiene Rating(s) on its property premises, website or any other platform.

e. The Customer acknowledges that the Hygiene Rating(s) as displayed on the Zingara Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the property and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The Customer further understands that the property is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.

f. Contact Us: You may contact us at  info@zingara.club  for any further queries with regard to Hygiene Ratings.

XIV. Disclaimer of warranties, limitation of liability, and Indemnification

1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZINGARA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("ZINGARA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ZINGARA PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE ZINGARA PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZINGARA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY ZINGARA, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ZINGARA PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ZINGARA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZINGARA'S REASONABLE CONTROL. IN NO EVENT SHALL THE ZINGARA PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify, defend, and hold harmless the Zingara Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XV. Termination of your access to the services

1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.

2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

XVI. General terms

1. Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

2. Entire Agreement and Waiver:

The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

3. Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

4. Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Zingara and you shall have no authority to bind Zingara in any form or manner, whatsoever.

5. Governing Law/Waiver:

(a)  For Customers residing in India:  These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.

(b)  For Customers residing in UAE:  These Terms shall be governed by the laws of UAE. The Courts of Dubai shall have exclusive jurisdiction over any dispute arising under these terms.

(c)  For Customers residing in Lebanon:  These Terms shall be governed by the laws of Lebanon. The Courts of Beirut shall have exclusive jurisdiction over any dispute arising under these terms.

(d)  For Customers residing in the United States:  These Terms shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within the State of Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Zingara must be resolved exclusively by a state or federal court located in Seattle, Washington. You agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all Claims that arise between You and Zingara.

(e)  For all Customers:  YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

6. Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

7. Linking and Framing:

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

XVII. Notice of copyright infringement

Zingara shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Zingara Platform, or items advertised on the Zingara Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

i. Identify in writing the copyrighted material that you claim has been infringed upon;

ii. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);

iii. Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";

iv. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";

v. Provide your contact information including your address, telephone number, and e-mail address (if available);

vi. Provide your physical or electronic signature;

vii. Send us a written communication to  legal@zingara.club

You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.

XVIII. Contact Us:

1. Details of the Company

• Legal Entity Name:   Zingara Club Private Limited

• CIN: 

• Registered Address:  

• Corporate Address:  

• Details of website and Application:  www.Zingara.club  (“Website”) and “Zingara” application for mobile and handheld devices

• Contact Details:  info@zingara.club

2. Grievance Redressal Mechanism:

i. Customer Care Channels

• For any order related issue, you may first reach out to us via chat support on the Zingara app for real time basis resolution.

• You may write to us at  contact@Zingara.club  and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.

• For a complaint raised on  contact@Zingara.club , you will receive a unique ticket number to track the status of your complaint.

• In case you do not receive a satisfactory response from the chat support and  contact@Zingara.club  as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated from  contact@Zingara.club  and we shall address your concern within an estimated time of forty-eight (48) hours.

ii. Details of the Grievance Officer

Grievance Officer, Zingara Club Private Limited

Email address:  grievance@Zingara.club
Time:  Monday - Friday (09:00 a.m. to 18:00 p.m.)

For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.

Please note: Zingara does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on Zingara’s behalf. You may report such suspicious activities to  contact@Zingara.club.