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Zesday — Customer Terms of Use

Version: 1.0 (DRAFT) Effective date: [[EFFECTIVE_DATE]]

⚠️ Draft for legal review. Not effective until reviewed by an advocate and the Fill-in Sheet is completed.

These Terms of Use ("Terms") govern your access to and use of the Zesday ("Zesday") mobile applications and website (the "Platform"), operated by Qubrix Technode Private Limited, a Private company limited by shares with its registered office at Runway Studio Suites, 109, Gaur Yamuna City, YEIDA, Nawada, Gautam Buddha Nagar - 203201, Uttar Pradesh (CIN U62013UW2026PTC251776, GSTIN [[GSTIN_PRINCIPAL]]) ("we", "us", "Company"). By creating an account or placing an order, you ("you", "Customer") agree to these Terms, the 06-privacy-policy.md, the 07-refund-cancellation-policy.md and the 04-payment-terms-and-settlement-policy.md.

1. What Zesday is (and is not)

1.1 Zesday is a technology platform and intermediary that connects you with independent restaurants (who prepare and sell the food) and independent delivery partners (who deliver it). Zesday is an Electronic Commerce Operator under the Consumer Protection (E-Commerce) Rules, 2020 and an intermediary under the Information Technology Act, 2000.

1.2 The restaurant is the seller and preparer of the food. Zesday does not cook, and except where expressly stated, does not itself sell the food. Responsibility for food quality, safety, composition, freshness, and accuracy of menu/allergen information rests with the restaurant, which must hold a valid FSSAI licence.

1.3 For GST on the food, Indian law (CGST Act s.9(5)) requires Zesday, as the e-commerce operator, to pay the GST on most restaurant orders on the restaurant's behalf. This is a tax mechanism only and does not make Zesday the maker or seller of the food. See 05-gst-tax-compliance-policy.md.

2. Eligibility & account

2.1 You must be 18+ and capable of forming a binding contract under the Indian Contract Act,

  1. 2.2 You are responsible for the accuracy of your account, delivery address and contact

details, and for activity under your account. 2.3 Keep your OTP/credentials confidential; notify us of any unauthorised use.

3. Orders

3.1 Menus, prices and availability are set by restaurants and may change. An order is an offer; it is accepted when the restaurant confirms. 3.2 We may refuse or cancel an order (e.g., restaurant closed, item unavailable, suspected fraud, undeliverable address, force majeure). 3.3 Substitutions: no item will be substituted without your consent (Consumer Protection (E-Commerce) Rules, 2020). 3.4 Estimated preparation and delivery times are estimates, not guarantees.

4. Transparent pricing — nothing hidden

4.1 Before you pay, the Platform itemises every charge: food value, restaurant packaging/ handling (if any), GST on food, delivery fee, platform fee, GST (18%) on delivery + platform fee, any surge/rain fee (only when applicable, clearly labelled), discounts (and who funded them), and any tip you choose (100% of which goes to the delivery partner). 4.2 The total payable is shown before payment; you pay only that total. 4.3 A tax invoice for each order is available in the app. 4.4 We will never add a charge after checkout without your consent.

5. Payments

5.1 Payments are processed through our RBI-licensed payment aggregator Razorpay and/or cash on delivery (COD) where offered. 5.2 We do not store full card details; card data is handled by the payment aggregator per PCI-DSS and RBI rules. 5.3 Zesday Wallet: wallet balance may arise from refunds, cashbacks, referrals or top-ups; it is usable only to pay for orders on Zesday, is non-transferable and non-withdrawable to cash unless required by law, and is subject to 04-payment-terms-and-settlement-policy.md. See that policy for details.

6. Cancellations & refunds

Governed by 07-refund-cancellation-policy.md. In summary: you may cancel free of charge before the restaurant begins preparation; after that, a cancellation charge may apply because the food/effort is already committed. Eligible refunds are returned to the original payment method or Zesday Wallet within the timelines stated there.

7. Your conduct

You agree not to: misuse the Platform; place fraudulent or fake orders; abuse promotions or refund processes; harass restaurants or delivery partners; or violate any law. We may suspend or terminate accounts for breach, fraud or abuse.

8. Food safety & allergens

8.1 Allergen, nutritional and "veg/non-veg" information is provided by restaurants; if you have allergies or dietary needs, confirm directly with the restaurant. 8.2 Report a food-safety concern via the app; we will route it to the restaurant and, where required, to the FSSAI grievance channel (08-grievance-redressal-policy.md).

9. Intellectual property

The Platform, Zesday marks, and content are owned by or licensed to us. You get a limited, revocable, non-exclusive licence to use the Platform for personal, non-commercial ordering. Restaurant names/logos belong to the respective restaurants.

10. Liability

10.1 As an intermediary, our role is to facilitate. To the maximum extent permitted by law, we are not liable for the acts/omissions of restaurants or delivery partners, including food quality or delay, except to the extent caused by our own gross negligence or wilful default, or as required by the Consumer Protection Act, 2019. 10.2 Nothing in these Terms limits liability that cannot be limited under law (including for death or personal injury caused by proven negligence, or consumer rights). 10.3 Subject to the above, our aggregate liability for any order is limited to the amount you paid for that order. 10.4 We are not liable for failures caused by events beyond our reasonable control (force majeure).

11. Privacy

Your personal data is handled per 06-privacy-policy.md and the Digital Personal Data Protection Act,

  1. You have rights to access, correct, and erase your data, and to grievance redressal.

12. Changes to these Terms

We may update these Terms. Material changes will be notified and, where the law requires, will ask for your fresh acceptance. Continued use after the effective date means acceptance.

13. Grievances

For any complaint, use in-app Help first. Unresolved issues may be escalated to our Grievance Officer: [[GRIEVANCE_OFFICER_NAME]], [[GRIEVANCE_EMAIL]], [[GRIEVANCE_PHONE]] — acknowledged within 48 hours and resolved within one month (08-grievance-redressal-policy.md).

14. Governing law & jurisdiction

These Terms are governed by the laws of India. Subject to the Consumer Protection Act (which lets a consumer approach the forum where they reside), the courts at Gautam Buddha Nagar, Uttar Pradesh, Uttar Pradesh have jurisdiction.

Prepared as a draft. Legal review is mandatory before use.

Version 1. Operated by QUBRIX TECHNODE PRIVATE LIMITED.