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TRAVELZAIKA.COM ("TRAVELZAIKA") WEBSITE TERMS AND CONDITIONS ("WEBSITE TERMS")
IMPORTANT LEGAL NOTICE
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use ("Website Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
1. INTRODUCTION AND OUR ROLE
1.2 Travelzaika provides a way for you to communicate your orders to Delivery Restaurants ("Delivery Restaurants") displayed on this Website.
1.3 If you have any problems with your order you can contact our customer care team by clicking on the "Feedback" tab and filling in the required fields or by calling our customer care phone number shown on this Website. One of our customer care reps will contact you and try to solve the issue you are facing with your order.
1.4 An important part of our quality control process is that consumers provide ratings and feedback on the website to reflect their experiences with restaurants. Please note that any complaint must be lodged with our customer care team using the method described above within 48 hours of placing the order.
1.5 Travelzaika may call, send sms and/or use other possible modes but not limited to Electronic or Printed medium for collecting its customer's feedback.
1.6 You may access some areas of this Website without making a Travelzaika order, and registering your details with us. Most areas of this Website are open to everyone.
1.7 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
1.9 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Any contract for the supply of Food Delivery from this Website is between you and the Delivery Restaurant.
2.2 Once you have selected your order from the menu of your chosen Delivery Restaurants you will be given the opportunity to submit your order by clicking on the "Finish" button. Please note it is important that you check the information that you enter and correct any errors before clicking on the "Finish" button since once you click on this input errors cannot be corrected.
2.3 If at any time prior to you clicking on the "Finish" button, you decide that you do not wish to proceed with your order, you should close the application window.
2.4 Upon clicking on the "Finish" button, in case you have selected Cash on Delivery (COD) payment Travelzaika will begin processing your order and we will send you notification by SMS that your order is being processed. For online payment orders, on receipt of your payment, Travelzaika will begin processing your order and we will send you notification by SMS and email that payment has been received and that your order is being processed. SMS and email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Delivery Restaurant will be able to fill your order.
2.5 In case of online payment, if any payment you make is not authorized you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.6 Please note that once you have made your order and your payment has been authorized you will be able to cancel your order according to details in paragraph 5.
2.7 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website. These prices are inclusive of relevant sales tax and delivery charges. In case Delivery Restaurants requires a service charge (for instance for orders below the minimum order amount), this will be clearly indicated on this Website, in the itemized bill, and added to the total amount due.
3.2 This Website contains a large number of menus items. Although we take great care to keep them up to date, it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website Travelzaika will normally contact you before the order in question is dispatched. Travelzaika is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
3.3 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery to you.
3.4 If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
3.5 A discount may apply to your order if you use a promotional code recognized by this Website and endorsed by Travelzaika.
3.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.
4.1 If delivery is done by the Delivery Restaurant or its delivery partners, it is the Delivery Restaurants sole responsibility to provide Food Delivery in a timely manner.
4.2 We and the Delivery Restaurant will make every effort to deliver within the time stated at the requested train station. If Food Delivery is not provided at the estimated delivery time and train station requested by you, please contact us by telephone or email and we will try to ensure that you receive your order at an alternate train station along your train route.
4.3 All risk in the Food Delivery shall pass to you upon delivery.
4.4 If you fail to accept delivery of Food Delivery at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate train seat/coach information, or we are unable to deliver because of your failure to be present at the seat number you communicated to us, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
4.5 Delivery Restaurants, who will prepare your order, aim:
4.5.1 to deliver the product to you at the train seat/coach requested by you in your order;
4.5.2 to deliver within the stoppage time a the station requested by you.
4.6 Delivery Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.1 You can cancel your order up to the order cutoff time. You can cancel your order either calling our call center number, or through our website. You will need to quote mobile phone number and order ID to cancel the order. You may be required to login on the website in order to cancel your order, where applicable. We will not be able to cancel any order after order cutoff time, which is usually one hour before STA of train to delivery station.
5.2 If the cancellation is made up to 24 hours before cutoff time, and you have paid in advance online, we will refund or re-credit your debit or credit card with the full amount less a 10% cancellation administrative fee within 14 days.
5.3 If the cancellation is made between 24 hours and order cutoff time, and you have paid in advance online, we will refund or re-credit your debit or credit card with the full amount less a 25% cancellation administrative fee within 14 days.
5.4 In the unlikely event that the Delivery Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Delivery Restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We will put our best effort in ensuring that the delivery is complete and as per your order, however this may not be possible in all cases.
6. USE LICENCE
6.1 Permission is granted to temporarily download one copy of the materials (information or software) on Travelzaika's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
6.1.1 modify or copy the materials;
6.1.2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
6.1.3 attempt to decompile or reverse engineer any software contained on Travelzaika's web site;
6.1.4 remove any copyright or other proprietary notations from the materials; or
6.1.5 transfer the materials to another person or "mirror" the materials on any other server.
6.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Travelzaika at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6.3 Any rights not expressly granted in these Website Terms are reserved.
7. SERVICE ACCESS
7.1 While Travelzaika tries to ensure this Website is normally available twenty four (24) hours a day, Travelzaika will not be liable if this Website is unavailable at any time or for any period.
7.2 Access to this Website may be suspended temporarily and without notice.
7.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
8. VISITOR MATERIAL AND CONDUCT
8.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
8.2.1 breaches any applicable local, national or international law;
8.2.2is unlawful or fraudulent;
8.2.3amounts to unauthorized advertising; or
8.2.4contains viruses or any other harmful programs.
8.3 You may not misuse the Website (including by hacking).
8.4 Any comments or feedback that you submit through the Website must not:
8.4.1 contain any defamatory, obscene or offensive material;
8.4.2 promote violence or discrimination;
8.4.3 infringe the intellectual property rights of another person;
8.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
8.4.5 promote illegal activity or invade another's privacy;
8.4.6 give the impression that they originate from us; or
8.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
8.5 The prohibited acts listed in paragraphs 8.2 to 8.4 above are non-exhaustive. You will pay Travelzaika for all costs and damages which it incurs as a result of you breaching any of these restrictions.
8.6 Travelzaika will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 8.2 to 8.4.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Travelzaika has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Travelzaika of the site. Use of any such linked web site is at the user's own risk.
9.2 You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage Travelzaika's reputation or take advantage of it.
9.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by Travelzaika where none exists.
9.4 The website from which you link must comply with the content standards set out in these Website Terms.
9.5 Travelzaika has the right to withdraw the linking permission at any time.