User Terms of Service

Last Updated: August 25, 2021

Thank you for using Zymmo!

Please read these User Terms of Service (“Terms”) carefully as they contain important information about the user legal rights, remedies and obligations. By accessing or using the Zymmo Platform, the User agrees to comply with and be bound by these Terms.

Please note: These Terms contain an arbitration clause and class action waiver that applies to all users of Zymmo. It affects how disputes with Zymmo are resolved. By accepting these Terms, User agrees to be bound by this arbitration clause and class action waiver. Please read it carefully.

These Terms constitute a legally binding agreement (“Agreement“) between User and InZymmo Venture, User access to and use of the Zymmo website, including any subdomains thereof, and any other websites through which Zymmo makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Zymmo Services“). The Site, Application and Zymmo Services together are hereinafter collectively referred to as the “Zymmo Platform”. While on our Site or Application, User may interact with or purchase products from advertisers or product providers (“Brands”). These Brands are not owned, controlled, partners, joint ventures, agents or brokers of Zymmo and are independent advertisers.

When These Terms mention “Zymmo,” “we,” “us,” or “our,” it refers to the InZymmo Venture (“Zymmo”) .

Our collection and use of personal information in connection with the user access to and use of the Zymmo Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with Users use of the Zymmo Platform (“Payment Services“) are provided to User by one or more Zymmo Payments entities (individually and collectively, as appropriate, “Zymmo Payments“) as set out in the Payments Terms of Service (“Payments Terms“).

  1. Scope of Zymmo Services

1.1 The Zymmo Platform is an online marketplace and creator platform that enables registered users (“User”) to search for informational cooking media, ingredients, content and cooking supplies (“Services”) that may involve Brands that list, offer and advertise ingredients and cooking supplies for sale (“Products”) . Brands may offer a variety of Brand-related Products. All purchases are made directly between the User and the Brand. Informational cooking media, including, but not limited to videos and photographs, listed within the Zymmo Platform are produced by independent creators (“Creators”).

1.2 As the provider of the Zymmo Platform, Zymmo does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Brand Products or other services. Brands alone are responsible for their Brand Products. Zymmo is not an agent, employer, broker or insurer in connection with the Brand. 

1.3 While we may help facilitate the resolution of disputes, Zymmo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services or Brand Products  or (ii) the truth or accuracy of any descriptions, Ratings, Reviews, or other Creator Content (as defined below). Zymmo does not endorse any User, Brand or Brand Products. All liability for the Products hereinunder shall rest between the User and Brand. Any references to a User being “verified” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Zymmo about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. User should always exercise due diligence and care when deciding whether to utilize a Brand Product or Services. 

1.5 The Zymmo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Zymmo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Zymmo of such Third-Party Services.

1.6 Due to the nature of the Internet, Zymmo cannot guarantee the continuous and uninterrupted availability and accessibility of the Zymmo Platform. Zymmo may restrict the availability of the Zymmo Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Zymmo Platform. Zymmo may improve, enhance and modify the Zymmo Platform and introduce new Zymmo Services from time to time.

  1. Eligibility, Using the Zymmo Platform, User Verification and Shipping

3.1 In order to access and use the Zymmo Platform or register a Zymmo Account User must be an individual at least 18 years old. If User is registering on the Zymmo Platform on behalf of a business, User warrants and represents that such business is a validly existing business, organization or other legal entity in good standing under the laws of the country User is established and has the authority to enter into legally binding contracts.

3.3 Zymmo may make access to and use of the Zymmo Platform, or certain areas or features of the Zymmo Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s order and cancellation history.

3.4 Creator and Brand verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Creator or Brand’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Brand’s or Creator’s to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Brand’s or Creators, (ii) screen them against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Creator or Brand, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in the user local jurisdiction (if available).

3.5 Shipping may be fulfilled via a Brand or Zymmo. Such fulfillment will be confirmed via confirmation email. All shipping and confirmations shall be subject to the Brands requirements and terms, including shipping. The risk of shipping, cost of shipping, and liability rests solely between the Brand and User regardless of Zymmo’s involvement.

3.5 The access to or use of certain areas and features of the Zymmo Platform may be subject to separate policies, standards or guidelines, or may require that the User accept additional terms and conditions, before the User can access the relevant areas or features of the Zymmo Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Zymmo Platform, the latter terms and conditions will take precedence with respect to the user access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

3.6 If the User accesses or downloads the Application from the Apple App Store or Google Play Store, the User agrees to Apple’s Licensed Application End User License Agreement or the Google Play User Agreement, as applicable.

  1. Modification of These Terms

4.1 Zymmo reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Zymmo Platform and update the “Last Updated” date at the top of these Terms. We will also provide the User with notice of the modifications by email at least thirty (30) days before the date they become effective. If the User disagrees with the revised Terms, the User may terminate these Terms with immediate effect. We will inform the User about their right to terminate the Agreement in the notification email. If the User does not terminate their Agreement before the date the revised Terms become effective, the User continued access to or use of the Zymmo Platform will constitute acceptance of the revised Terms.

  1. Account Registration

5.1 User must register an account (“Zymmo Account“) to access and use certain features of the Zymmo Platform, such as publishing or ordering, 

5.2 If the User is registering a Zymmo Account for a business, organization or other legal entity, the User represents and warrants that the User has the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

5.3 User can register a Zymmo Account using an email address and creating a password, or through the User account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). The User has the ability to disable the connection between the Users Zymmo Account and their SNS Account at any time, by accessing the “Settings” section of the Zymmo Platform.

5.4 User must provide accurate, current and complete information during the registration process and keep their Zymmo Account and public Zymmo Account profile page information up-to-date at all times.

5.5 User may not register more than one (1) Zymmo Account unless Zymmo authorizes the User to do so. The User may not assign or otherwise transfer their Zymmo Account to another party.

5.6 User is responsible for maintaining the confidentiality and security of their Zymmo Account credentials and may not disclose their credentials to any third party. The User must immediately notify Zymmo if the User knows or has any reason to suspect that their credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of their Zymmo Account. The User is liable for any and all activities conducted through their Zymmo Account, unless such activities are not authorized by the User and the User is not otherwise negligent (such as failing to report the unauthorized use or loss of their credentials).

5.7 Zymmo may enable features that allow the User to authorize other Users or certain third parties to take certain actions that affect the Users Zymmo Account. For example, we may enable Users to link their Zymmo Accounts to businesses and take actions for those businesses, we may enable eligible Users or certain third parties to book Listings on behalf of other Users to help manage their Listings. These features do not require that the User share their credentials with any other person. No third party is authorized by Zymmo to ask for the Users credentials, and the User shall not request the credentials of another User.

  1. Content Policy

6.1 Zymmo may, at its sole discretion, enable Users, Brands and Creators to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Zymmo Platform (“User Content” or “Brand Content”) and (ii) access and view User Content and any content that Zymmo itself makes available on or through the Zymmo Platform, including proprietary Zymmo content and any content licensed or authorized for use by or through Zymmo from a third party (“Zymmo Content” and together with User Content, Brand Content , is referred to as “Collective Content“).

6.2 The Zymmo Platform, and Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. The User acknowledges and agrees that the Zymmo Platform and Zymmo Content, including all associated intellectual property rights, are the exclusive property of Zymmo and/or its licensors or authorizing third-parties. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Zymmo Platform, Zymmo Content or Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Zymmo used on or in connection with the Zymmo Platform and Zymmo Content are trademarks or registered trademarks of Zymmo in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Zymmo Platform, Zymmo Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

6.3 User will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Zymmo Platform or Collective Content, except to the extent the User are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to the User by implication or otherwise under any intellectual property rights owned or controlled by Zymmo or its licensors, except for the licenses and rights expressly granted in these Terms.

6.4 Subject to User compliance with these Terms, Zymmo grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on the Users personal device(s); and (ii) access and view any Collective Content made available on or through the Zymmo Platform and accessible to the User, solely for the Users personal and non-commercial use.

6.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Collective Content on or through the Zymmo Platform, the User grant to Zymmo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Zymmo Platform, in any media or platform. Insofar as Collective Content includes personal information, such Collective Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless the User provides specific consent, Zymmo does not claim any ownership rights in any Collective Content and nothing in these Terms will be deemed to restrict any rights that the User may have to use or exploit the Users Collective Content.

6.6 User is solely responsible for all Collective Content that the User makes available on or through the Zymmo Platform. Accordingly, the User represent and warrant that: (i) the User either is the sole and exclusive owner of all content that the User make available on or through the Zymmo Platform or the User has all rights, licenses, consents and releases that are necessary to grant to Zymmo the rights in and to such Content, as contemplated under these Terms; and (ii) neither the Content nor the Users posting, uploading, publication, submission or transmittal of the Content or Zymmo’s use of the Content (or any portion thereof) as contemplated under These Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6.7 User will not post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Zymmo’s Content Policy, as described herein, or any other Zymmo policy. Zymmo may, without prior notice, remove or disable access to any User Content that Zymmo finds to be in violation of applicable law, these Terms or Zymmo’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Zymmo, it’s the Users, third parties, or property.

6.8 Zymmo respects copyright law and expects its Users to do the same. If the User believes that any content on the Zymmo Platform infringes copyrights the User owns, please notify us in accordance with our Copyright Policy.

  1. Payment

7.1 Users are responsible for paying the purchase price, either to the Brand directly or through the other gateway or method as designated, the applicable purchase price for all Brand Products, including any costs and paying applicable Taxes associated with the purchase and sale of any Brand Products. Costs attributable to the sale of  Products  will be included in the listed price for any Products listed by Brands through the Zymmo Platform. Applicable Sales Tax will be displayed to Users before confirmation of any purchase.

7.2 Zymmo may from time to time offer Users certain promotions or credits towards the purchase of Products, and Users may use such promotions or credits in accordance with their terms. Depending on the type of promotion or credit used, it may reduce the amount of taxes that apply to a Customer’s order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase. Such promotion or credit does not hold cash value and may expire. 

  1. Payment Terms for Users

8.1 Terms applicable to all orders

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Zymmo, the User can book a Listing available on the Zymmo Platform by following the respective order process. All applicable fees, including the Listing Fee, Tip, and any applicable Taxes (collectively, “Total Fees”) will be presented to the User prior to ordering a Listing. The User agrees to pay the Total Fees for any order requested in connection with the Users Zymmo Account.

8.1.3 Upon receipt of an order on Zymmo, or other screen for purchase, a legally binding agreement is formed between the User and the Brand the User purchase from and subject to any additional terms and conditions of the Brand that apply. Zymmo Payments will collect the Total Fees at the time of the order. 

8.2 Credit Card Information

8.1 By entering the Users credit card information in the Zymmo Platform, the User is expressly authorizing Zymmo to run the Users credit card for all monies owed in association with their order. Zymmo may authorize the funds on their credit card and the charge may show pending on the User statement for several days till the amount is captured. It is the Users responsibility to ensure that the proper funds are available on the Users credit card. Zymmo is not responsible for a delay in processing.

8.2 Credit card information is processed and possibly stored by a secured third party processor, like Razorpay.  By providing their credit card the Users are agreeing to all terms on the Razorpay website, including, but not limited to authorizing Rajorpay to run their card, store their card, and collect necessary data pertaining to the User card.

8.3 Certain purchases may be made through the Brand’s site or payment gateway. By entering their credit card, the User consent to the Brand’s terms and conditions and are subject to them.

  1. Order Modifications, Cancellations and Refunds, Resolution Center

9.1 Brands and Users are responsible for any modifications to orders that they make via the Zymmo Platform (“Order Modifications“), and agree to pay any additional fees (“Surcharge Fees”) and/or Taxes associated with such Order Modifications. Such Order Modifications may not be allowed and it is the Users sole responsibility to ensure they have selected the correct Product they want at the time of purchase. Surcharge Fees are inputted by the Brand and agreed upon by the User. Such Surcharge Fees are non-refundable.

9.2 In certain circumstances, Zymmo may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed order and initiate corresponding refunds and payouts. This may be for reasons such as (i) where Zymmo believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Zymmo, the Brand, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.3 If a User who places an Order, or purchases a Product suffers an issue, Zymmo may determine, in its sole discretion, to refund the User part or all of the Total Fees. 

9.4 Except as otherwise set out in these Terms, Users may use the Resolution Center to send or request money for refunds, or Damage Claims related to orders. The User agrees to pay all amounts sent through the Resolution Center in connection with their Zymmo Account, and Zymmo Payments will handle all such payments.

  1. Ratings and Reviews

10.1 Within a certain time frame after completing an order, Users may be able to leave a public review (“Review”) and submit a star rating (“Rating”) about Brands. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of Zymmo. Ratings and Reviews are not verified by Zymmo for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Users must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Zymmo’s Content Policy, as defined in these Terms.

10.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.

10.4 Ratings and Reviews may be a part of a User’s public profile and may also be surfaced elsewhere on the Zymmo Platform (such as the Listing page) together with other relevant information such as number of orders, number of cancellations, average response time and other information.

  1. Taxes

12.1 The User understands that any appropriate governmental agency, department and/or authority (“Tax Authority“) where the Users Brand or the User are located may require Taxes to be collected from Users on Purchases, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Purchase Fee. Such Taxes may be included in the Purchase Price, or as a separate percentage. Such taxes may be a part of the meal fee or a separate item on the screen. The total amount paid shall include any applicable taxes.

  1. Prohibited Activities

13.1 The Users are solely responsible for compliance with any and all laws, rules, and regulations that may apply to the User use of the Zymmo Platform. In connection with the User use of the Zymmo Platform, the User will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or any other document or agreement that we publish;
  • use the Zymmo Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Zymmo endorsement, partnership or otherwise misleads others as to the User affiliation with Zymmo;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Zymmo Platform in any way that is inconsistent with Zymmo’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
  • use the Zymmo Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • unless Zymmo explicitly permits otherwise, book any Listing if the User will not actually be using the Brand Services yourself;
  • contact another User for any purpose other than asking a question related to the User own order, Listing, or the User’s use of the Zymmo Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
  • use the Zymmo Platform to request, make or accept an order or service independent of the Zymmo Platform, to circumvent any Service Fees or for any other reason;
  • contact, pay or otherwise solicit a Brand or User outside the Zymmo Platform, in which said Brand or User met within the Zymmo Platform;
  • request, accept or make any payment for any Fees outside of the Zymmo Platform or Zymmo Payments. If the User do so, the User acknowledge and agree that the User: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Zymmo harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • use, display, mirror or frame the Zymmo Platform or Collective Content, or any individual element within the Zymmo Platform, Zymmo’s name, any Zymmo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Zymmo Platform, without Zymmo’s express written consent;
  • dilute, tarnish or otherwise harm the Zymmo brand in any way, including through unauthorized use of Collective Content, registering and/or using Zymmo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Zymmo domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Zymmo Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Zymmo or any of Zymmo’s providers or any other third party to protect the Zymmo Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Zymmo Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Zymmo Platform;
  • export, re-export, import, or transfer the Application except as authorized by India, the export control laws of the User jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13.2 User acknowledges that Zymmo has no obligation to monitor the access to or use of the Zymmo Platform by any User or to review, disable access to, or edit any User, Brand or Creator Content, but has the right to do so to (i) operate, secure and improve the Zymmo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms or others; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Zymmo in good faith, and to provide Zymmo with such information and take such actions as may be reasonably requested by Zymmo with respect to any investigation undertaken by Zymmo or a representative of Zymmo regarding the use or abuse of the Zymmo Platform.

13.3 If the User feel that any User, Creator or Brand the User interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) the User suspect of stealing from the User, or (iii) engages in any other disturbing conduct, the User should immediately report such person to the appropriate authorities and then to Zymmo by contacting us with the User police station and report number (if available). User agrees that any report the User makes will not obligate us to take any action (beyond that required by law, if any).

  1. Term and Termination, Suspension and other Measures

14.1 These Terms shall be effective for the duration of the User use of the Zymmo Platform and or existence of their Zymmo Account. 

14.2 If the User cancels their Zymmo Account as a User, any confirmed order(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

14.3 Without limiting our rights specified below, Zymmo may terminate these Terms for convenience at any time by giving the User thirty (30) days’ notice via email to the Users registered email address.

14.4 Zymmo may immediately, without notice, terminate these Terms and/or stop providing access to the Zymmo Platform if (i) the User have materially breached their obligations under These Terms, the Payments Terms, our Policies or Standards, (ii) the User have violated applicable laws, regulations or third party rights, or (iii) Zymmo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Zymmo, it’s the Users, or third parties (for example in the case of fraudulent behavior of a User).

14.5 In addition, Zymmo may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) the User have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) the User have provided inaccurate, fraudulent, outdated or incomplete information during the Zymmo Account registration, Listing process or thereafter, (iv) the User and/or their Brand Product at any time fail to meet any applicable quality or eligibility criteria, (v) the User have repeatedly received poor Ratings or Reviews or Zymmo otherwise becomes aware of or has received complaints about the User performance or conduct, (vi) the User have repeatedly cancelled confirmed orders or failed to respond to order requests without a valid reason, or (vii) Zymmo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Zymmo, its Users, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
  • cancel any pending or confirmed orders;
  • limit the User access to or use of the Zymmo Platform;
  • temporarily or permanently revoke any special status associated with the User Zymmo Account;
  • temporarily or in case of severe or repeated offenses permanently suspend the User Zymmo Account and stop providing access to the Zymmo Platform.

In case of non-material breaches and where appropriate, the User will be given notice of any intended measure by Zymmo and an opportunity to resolve the issue to Zymmo’s reasonable satisfaction.

14.7 If these Terms have been terminated, the Users are not entitled to a restoration of the User Zymmo Account or any of their User Content. If the User access to or use of the Zymmo Platform has been limited or the User Zymmo Account has been suspended or These Terms have been terminated by us, the User may not register a new Zymmo Account or access and use the Zymmo Platform through a Zymmo Account of another User.

  1. Disclaimers

If the User chooses to use the Zymmo Platform or Collective Content, the User does so voluntarily and at the User sole risk. The Zymmo Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

Users agree that the User has read these Terms, and any applicable laws, rules, or regulations that may be applicable to the Brand Services the User is receiving and that the User is not relying upon any statement of law or fact made by Zymmo relating to a Listing.

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

the User agree that some Brand Products and Meals carry inherent risk, including, but not limited to allergens, whether disclaimed or not, food poisoning, spoiled food, or anything relating to, or arising from , or in connection with, the Brand, and by participating in such services, the User choose to assume those risks voluntarily, and shall not hold Zymmo liable. For example, some Brand Services  or meals, may carry risk of illness, allergens, bodily injury, disability, or death, and the User freely and willfully assumes those risks by choosing to participate in those Brand Services. The User understands that it is the Brand’s responsibility to disclaim allergens and this disclaimer may not always be accurate.  the User assumes this risk. the User assumes full responsibility for the choices the User makes before, during and after the User participation in a Brand Service. To the maximum extent permitted by law, the User agree to release and hold harmless Zymmo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the User or any person from use of the Site, Application, order or Product or in connection with use of the Zymmo Platform. 

The foregoing disclaimers apply to the maximum extent permitted by law. The User may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

  1. Liability

User acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of the User access to and use of the Zymmo Platform and Collective Content, the User publishing or order of any Purchasing via the Zymmo Platform, the User use of any Brand, or use of any Brand Products or any other interaction the User have with other Users whether in person or online remains with the User. Neither Zymmo nor any other party involved in creating, producing, or delivering the Zymmo Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) These Terms, (ii) from the use of or inability to use the Zymmo Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom the User communicate, interact or meet with as a result of the User use of the Zymmo Platform, or (iv) from the User publishing or order of a Product whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zymmo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Brands, in no event will Zymmo’s aggregate liability arising out of or in connection with These Terms and the User use of the Zymmo Platform including, but not limited to, from the User publishing or order of any Listings via the Zymmo Platform, or from the use of or inability to use the Zymmo Platform or Collective Content and in connection with any Brand, Brand Product, or interactions with any other Users, exceed the amounts the User have paid or owe for order via the Zymmo Platform as a User in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Zymmo and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User. 

  1. Indemnification

17.1  To the maximum extent permitted by applicable law, the User agree to release, defend (at Zymmo’s option), indemnify, and hold Zymmo and its affiliates and subsidiaries, including but not limited to, Zymmo, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) the User breach of These Terms or our Policies or Standards, (ii) the User improper use of the Zymmo Platform or any Zymmo Services, (iii) the User interaction with any User, interaction with a  Brand Product,  including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Zymmo’s Collection and Remittance of Food Service Taxes, or (v) the User breach of any laws, regulations or third party rights.

  1. Dispute Resolution and Arbitration Agreement

18.1 Overview of Dispute Resolution Process. Zymmo is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals: (1) an informal negotiation directly with Zymmo’s customer service team, and (2) a binding arbitration administered by an authoritative arbitration official abiding by Indian Law.

18.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, the User and Zymmo each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact the User at the email address the User has provided to us; the User can contact Zymmo’s customer service team by emailing us. If after a good faith effort to negotiate for thirty days, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with a binding arbitration administered by an authoritative arbitration official abiding by Indian Law.

18.3 Agreement to Arbitrate. The User and Zymmo mutually agree that any dispute, claim or controversy arising out of or relating to These Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Zymmo Platform, the Brand Product, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, the User and Zymmo agree that the arbitrator will decide that issue.

18.4 Exceptions to Arbitration Agreement. The User and Zymmo each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

18.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by an authoritative arbitration official abiding by Indian Law.

18.6 Zymmo agrees that any required arbitration hearing shall be conducted (a) in any other location to which User and Zymmo both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under Rs 1,00,000, by solely the submission of documents to the arbitrator.

18.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

18.8 Jury Trial Waiver. User and Zymmo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

18.9 No Class Actions or Representative Proceedings. User and Zymmo acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless the User and Zymmo both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the User and Zymmo agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

18.11 Severability. Except as provided herein, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

18.12 Changes. Notwithstanding the provisions herein, (“Modification of These Terms”), if Zymmo changes this (“Dispute Resolution and Arbitration Agreement”) after the date the User last accepted These Terms (or accepted any subsequent changes to These Terms), the User may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Zymmo’s email to the User notifying the User of such change. Rejecting a new change, however, does not revoke or alter the User prior consent to any earlier agreements to arbitrate any Dispute between User and Zymmo (or the User prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between the User and Zymmo.

18.13 Survival. Except as provided herein, this section will survive any termination of These Terms and will continue to apply even if the User stops using the Zymmo Platform or terminates the User Zymmo Account.

  1. Feedback

We welcome and encourage the User to provide feedback, comments and suggestions for improvements to the Zymmo Platform (“Feedback“). The User may submit Feedback by emailing us at support@zymmo.com. Any Feedback the User submits to us will be considered non-confidential and non-proprietary to the User. By submitting Feedback to us, the User grants us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to the User.

  1. Applicable Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of India, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court agreed upon by both User and Zymmo.

  1. General Provisions

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitutes the entire Agreement between Zymmo and the User pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Zymmo and User in relation to the access to and use of the Zymmo Platform.

21.2 No joint venture, partnership, employment, or agency relationship exists between the User and Zymmo as a result of these Terms or the User use of the Zymmo Platform.

21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.5 Zymmo’s failure to enforce any right or provision in These Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in These Terms, the exercise by either party of any of its remedies under These Terms will be without prejudice to its other remedies under These Terms or otherwise permitted under law.

21.6 User may not assign, transfer or delegate These Terms and the User rights and obligations hereunder without Zymmo’s prior written consent. Zymmo may without restriction assign, transfer or delegate These Terms and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. the User right to terminate These Terms at any time remains unaffected.

21.7 Unless specified otherwise, any notices or other communications to Users permitted or required under These Terms, will be provided electronically and given by Zymmo via email, Zymmo Platform notification, or messaging service (including SMS).