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2.1 Travelzaika may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
2.1.1 Travelzaika believes you have posted material in breach of paragraphs 8.2, 8.3 or 8.4 (Visitor Material and Conduct);
2.1.2 Travelzaika believes that you have breached paragraphs 9.2, 9.3 or 9.4 (Links to and from other websites); or
2.1.3 If you breach any other material terms of these Website Terms.
2.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
3.1 Travelzaika, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
3.2 Travelzaika takes full responsibility for the content of this Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. Travelzaika's customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavors to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Delivery Restaurants that you place your order with. Travelzaika cannot give any undertaking that the food and beverages ordered from the Delivery Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by Travelzaika. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
3.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Travelzaika's negligence, nor Travelzaika's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
3.4 With the exception of any liability referred to in paragraph 12.3 above, Travelzaika's total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to trice the value of your order or three thousand Indian rupees, whichever is the lower.
3.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
4. GOVERNING LAW AND JURISDICTION
4.1 These Website Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of New Delhi (India). All dealings, correspondence and contacts between us shall be made or conducted in the English language.
5. ADDITIONAL TERMS
5.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
5.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
5.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
5.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
6. WRITTEN COMMUNICATIONS
6.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
7.2.1 strikes, lock-outs or other industrial action;
7.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
7.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
7.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
7.2.5 impossibility of the use of public or private telecommunications networks; and
7.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
7.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
8.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9. REFUND & DISPUTES
9.1 TravelZaika is fully responsible on online orders received form www.TravelZaika.com. If in case customer cancel his/her order before 30minutes of train arrival, we are responsible to refund his/her full order payment and after refund customer will get his/her money within 5 business days.
9.2 TravelZaika is not responsible on COD orders received form www.TravelZaika.com. If in case customer cancel his/her order or not confirm order before 30minutes of train arrival, we are not responsible to refund his/her full order payment in any manner.
9.3 If customer deny taking receiving of his/her ordered food in train then we are not responsible to refund any payment either paid by ONLINE or COD.
9.4 We offer FREE FOOD to our unsatisfied customers, if they had bad experience with their last ordered food (Only for those customers who has paid their last order ONLINE)
9.5 If any of the delivered food was not liked, we are here to help you to resolve your issue. We strongly recommend to our customer do verify that receiving before payment (in case of COD). If you observe anything inappropriate just return that food and call us immediately.
9.6 We 100% refund your online payment if you find any issues with your food, to get your refund back just mail us that food picture on firstname.lastname@example.org or whatsapp 9599119225 and lodge your complaint on the following link www.travelzaika.com/grievance.php . In case of COD we are unable to provide you refund on disputed food.
10. ENTIRE AGREEMENT
10.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.