Terms and Conditions

Join Us

Welcome to Fezzo (“Fezzo”, “We,” “Us,” “Our”), a platform that connects users (“You,” “Your”, “Customer”) with restaurants, food service providers, and logistic associates (“Services”). By accessing, browsing, or using Our application (“Platform”), You agree to comply with and be bound by these Terms of Use (“Terms”) and Our Privacy Policy.  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 Services is at your own risk, including the risk that You might be exposed to content that is objectionable, or otherwise inappropriate.

ELIGIBILITY

To use Our Services, You must:

  1. Be at least 18 years old. If You are below 18, You may use Our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
  2. Have the legal capacity to enter into binding contracts under applicable laws.
  3. Provide accurate, complete, and current registration information at the time of account creation.

By accessing Our Platform, you represent and warrant that You meet these eligibility criteria.

 

ACCOUNT REGISTRATION

  1. To access the Platform, You are required to register an account by providing Your name, email address, phone number, and other relevant information.
  2. You may also register using third-party authentication services where available. You authorize Us to collect Your authentication information, and other information that may be available on or through such third-party authentication, consistent with Your applicable settings and instructions
  3. You are solely responsible for maintaining the confidentiality of Your account credentials, including Your password, and for all activities conducted under Your account.
  4. If You suspect any unauthorized access to or use of Your account, You must notify Us immediately by contacting Our support team at ______________.
  5. In registering an account with the Platform, 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. You agree not to create multiple accounts or impersonate another person or entity.
  6. The usage of information provided to Us at the time of registering with the Platform shall be governed by Our Privacy Policy.

TERMS GOVERNING SERVICES OF FEZZO

  1. Fezzo is committed to continuously evolving to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services may necessitate certain changes from time to time. Consequently, Fezzo reserves the right to suspend, cancel, or discontinue any or all products or Services at any time without prior notice. Furthermore, Fezzo retains the right to make modifications or alterations to any or all of its content, products, or Services made available on the Platform without prior notification.
  2. Fezzo, its software, or the software application store through which the software is made available for download may include functionality designed to automatically check for updates or upgrades to the software. Unless Your device settings or computer software specifically prohibit the transmission or use of such updates or upgrades, You agree that Fezzo or the applicable software application store may notify You of their availability and may automatically push such updates or upgrades to Your device or computer as necessary. You further agree that You may be required to install certain updates or upgrades to the software in order to continue accessing or using the Services or parts thereof. This includes updates or upgrades designed to address issues, enhance functionality, or introduce new features. Any updates or upgrades provided to You under these Terms shall be considered an integral part of the Services.
  3. You acknowledge and agree that, in the event Fezzo disables access to Your account for any reason, You may be restricted from accessing the Services, Your account details, or any files or content stored within Your account. Additionally, while Fezzo may not currently impose fixed upper limits on the number of transmissions You may send or receive through the services, it reserves the right to establish such limits at its sole discretion at any time.
  4. Fezzo is dedicated to continuously improving the Platform and Services and, in pursuit of this objective, conducts research and experiments on various aspects of its offerings. These efforts may include testing features within its applications, websites, user interface, and promotional campaigns. Consequently, certain customers may experience features or updates differently at any given time. These initiatives are undertaken to enhance the Platform, improve customer convenience, ensure the safety and security of the Services, and develop new offerings and features.
  5. The content available through the Services is provided for informational purposes only. Fezzo disclaims any liability for inaccuracies, errors, or information that may have become outdated since its last update. Fezzo reserves the right to make changes or corrections to any part of the content available through the Services without prior notice. While Fezzo strives to provide accurate information, it does not guarantee the quality of goods, the accuracy of prices listed in menus, or the availability of all menu items at any Restaurant Partner. All images provided have been digitized by Fezzo, and no party is authorized to reproduce or republish these digital assets in any format without Fezzo’s prior written consent.
  6. Any certifications, licenses, or permits displayed on a restaurant’s listing page on the Platform are provided for informational purposes only. Such certifications are displayed on an “as available” basis, as provided to Fezzo by the respective restaurant partners. Fezzo does not verify or guarantee the validity, authenticity, reliability, or accuracy of these certifications or any related information. Any reliance placed upon such certifications or information is at Your own risk, and Fezzo assumes no liability for any losses or damages arising from inaccuracies, discrepancies, or non-compliance with applicable laws or regulations by the restaurant partners.
  7. Fezzo reserves the right to charge subscription or membership fees for any of its products or Services, as well as impose additional charges on a per-order basis, at any time in the future.
  8. Fezzo may introduce referral or incentive-based programs for its Customers, which will be governed by specific terms and conditions. By participating in such programs, You agree to be bound by both the terms and conditions of the program along with these Terms. Fezzo retains the right to suspend or terminate Your account, credits, points, or participation in a program if it determines that You have violated the applicable terms or engaged in activities that are fraudulent, unlawful, or otherwise in contravention of the program rules. Fezzo also reserves the right to modify, cancel, or discontinue any referral or incentive programs at its sole discretion and without prior notice.
  9. From time to time, Fezzo may offer credits, promo codes, vouchers, or other forms of cashback as part of the Services. These benefits are offered at Fezzo’s sole discretion, and Fezzo reserves the right to modify, convert, cancel, or discontinue such offerings at any time without prior notice.

SPECIFIC TERMS GOVERNING  SERVICES OFFERED BY FEZZO

  1. Fezzo provides the Services by entering into contractual arrangements with restaurant partners (“Restaurant Partners”) on a principal-to-principal basis. This partnership facilitates the listing of menu items or food or beverages (“Products”) for food ordering and delivery purposes by Customers on the Platform.
  2. Customers can access the menu items or Products listed on the Platform and place orders with the respective Restaurant Partner(s) through Fezzo.
  3. Your request to order Products from a Restaurant Partner page on the Platform shall constitute an unconditional and irrevocable authorization issued in favor of Fezzo to place orders for Products with the respective Restaurant Partner(s) on Your behalf.
  4. Delivery of an order placed by You through the Platform may be undertaken directly by the Restaurant Partner against whom You have placed an order or facilitated by Fezzo through a third-party delivery service provider (“Logistic Associate”). In either case, Fezzo acts solely as an intermediary between You and the Logistic Associates or between You and the Restaurant Partner, as applicable.
  5. The acceptance by a Logistic Associate to undertake the delivery of Your order constitutes a contract of service under the Consumer Protection Act, 2019, or any successor legislation, between You and the Logistic Associate. Fezzo is not a party to this contract under applicable law. It is clarified that Fezzo does not provide delivery or logistics services but enables the delivery of Products ordered by You through the Platform by connecting You with Logistic Associates and Restaurant Partners. Fezzo shall not be held liable for any acts or omissions by the Logistic Associate, including but not limited to deficiencies in service, incorrect delivery, delays, or package tampering.
  6. In certain cases where Fezzo facilitates the delivery of an order placed by You on the Platform, Your order may be grouped or batched with another order.
  7. You may incur a delivery fee for the delivery of Your order, as determined by the Logistic Associate or Restaurant Partner (“Delivery Charges”). Delivery Charges may vary based on factors such as Restaurant Partner, order value, distance, and time of the day. Fezzo will inform You of the applicable Delivery Charges before confirming Your order. However, You shall remain responsible for any Delivery Charges incurred for Your order, regardless of prior awareness. In addition to Delivery Charges, You may also be subject to an additional fee for delivery services during high-demand periods (“Delivery Surge”). This fee is determined based on factors such as distance, time, traffic, weather conditions, and peak demand periods. Fezzo is authorized to collect this Delivery Surge on behalf of the Logistic Associate or Restaurant Partner. While Fezzo will endeavor to inform You of any applicable Delivery Surge, You shall remain responsible for the incurred charges.
  8. In compliance with applicable laws and business practices, Fezzo shall issue documents such as order summaries, tax invoices, and related records for orders placed by You.
  9. You are expected to uphold the dignity and diversity of Logistic Associates by refraining from discriminatory practices based on race, community, religion, disability, gender, sexual orientation, gender identity, age, genetic information, or any other legally protected characteristic (“Discrimination Characteristics”). Furthermore, You agree to provide a safe and respectful environment for Logistic Associates, including preventing and deterring harassment, including but not limited to sexual harassment.
  10. All prices listed on the Platform, including packaging and handling charges, are provided by the Restaurant Partner at the time of listing. Fezzo endeavors to display updated prices; however, the final price charged to You by the Restaurant Partner, including any additional charges, may vary at the time of delivery. In the event of a conflict between the listed price and the price charged by the Restaurant Partner, the latter shall be deemed correct, except for Delivery Charges determined by Fezzo.
  11. For orders placed with select Restaurant Partners, Fezzo may offer an On-Time Delivery Guarantee. If Your order is not delivered within the promised time (“On-Time Guarantee Time”), You may be eligible for a coupon of up to 100% of Your order value, redeemable within three (3) days. The coupon must be claimed within twenty-four (24) hours of delivery. The following conditions may void eligibility:
    • Unforeseen delays such as strikes, natural disasters, or Restaurant Partner’s inability to fulfill the order.
    • Changes, edits, or cancellations made by You post-order placement.
    • Actions intended to delay delivery, such as instructing the Logistic Associate to delay or becoming unresponsive.
    • Bulk orders exceeding standard order size.
    • Order cancellations for any reason.

 

  1. Fezzo is not a manufacturer, seller, or distributor of the Products. Fezzo solely places orders on behalf of the Customers with the Restaurant Partner(s) based on the unconditional and irrevocable authority granted by the Customers. Fezzo facilitates the sale and purchase of Products between Customers and the Restaurant Partner(s) under the contract for sale and purchase of such items between the Customers and the Restaurant Partner(s).
  2. Fezzo shall not be liable for any acts or omissions on the part of the Restaurant Partner(s), including but not limited to deficiencies in service, incorrect delivery, order mismatches, quality issues, incorrect pricing, insufficient quantities, or delays in preparation or delivery of the order.
  3. The Restaurant Partner(s) shall bear sole responsibility for any warranties or guarantees associated with the Products sold to the Customer. Fezzo shall not assume any responsibility for these warranties or guarantees under any circumstances.
  4. The liability for violations of applicable laws and regulations rests solely with the sellers, brand owners, vendors, Restaurant Partner(s), importers, or manufacturers of Products, or any Pre-Packed Goods. Pre-Packed Goods are defined as food and beverage items packaged in such a manner that their contents cannot be altered without tampering and are ready for sale, as outlined under the Food Safety and Standards Act, 2006, or any applicable law.
  5. Certain Products may be suitable for specific age groups only. You are advised to carefully review the description of the Product, if available, prior to placing an order. Fezzo shall not be responsible if the Products ordered by You do not meet Your dietary requirements or other restrictions.
  6. When placing an order, You must provide accurate and complete details, including Your contact number and delivery address. By submitting these details, You confirm their accuracy and agree to these Terms and the Privacy Policy.
  7. You or any individual instructed by You shall not resell Products purchased via the Platform.
  8. The total price of the food ordered, including delivery charges and applicable taxes, will be displayed on the Platform at the time of order placement. Customers must make full payment for the Products ordered through the Platform. Any amount charged to You by Fezzo over and above the order value will include applicable taxes.
  9. Delivery periods or takeaway times quoted during order placement are approximate and may vary.
  10. Personal promotional codes may only be used by You, subject to the terms and conditions outlined by Fezzo.

PAYMENT TERMS

  1. All payments made by You against the Services on the Platform shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Services made on Platform. You can pay by
  • credit card or debit card or net banking;
  • any other RBI approved payment method at the time of availing the Services; or
  • credit or debit card or cash at the time of delivery.

 

  1. You hereby agree and acknowledge that the payment facility provided by Fezzo is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Fezzo is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

CANCELLATION AND REFUND POLICY

  1. If You cancel, attempt to cancel, or purportedly cancel an order, or if cancellation occurs due to reasons not attributable to Fezzo (e.g., provision of incorrect details or unresponsiveness), it will constitute a breach of Your unconditional and irrevocable authorization in favor of Fezzo to place the order on Your behalf (“Authorization Breach”). In such cases, You will be liable to pay liquidated damages equal to the order value. Fezzo reserves the right to recover such damages by deducting the amount from any payments made by You toward subsequent orders.
  2. Fezzo may cancel orders due to technical errors, unavailability of items, or other reasons. In such cases, Fezzo will not charge a cancellation fee. If a cancellation occurs after payment, and You are eligible for a refund, the refunded amount will be returned to You.
  3. No replacement, refund, or resolution will be provided without the Restaurant Partner’s explicit permission.
  4. For complaints regarding food spillage, foreign objects, incorrect orders, or quality issues, You must provide proof before any resolution can be offered.
  5. You will not be entitled to a refund if special instructions provided with the order are not followed as intended. Restaurant Partners will attempt to follow such instructions on a best-efforts basis.
  6. All refunds will be processed in the same manner as received unless Fezzo has provided credits. Refunds will reflect in Your account based on the policies of the respective banks.

USER CONDUCT

You agree that-

  1. Your use of the Platform shall be solely for Your personal use. You shall not authorize others to use Your account, including Your profile or email address. You are solely responsible for all content published or displayed through Your account, including any email messages, and for Your interactions with other users. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations, including but not limited to those related to data privacy, international communications, and the transmission of technical or personal data.
  2. You affirm and guarantee that You own all necessary licenses, consents, permissions, and rights to any content You submit, post, upload, distribute, or otherwise transmit or make available through the Platform. No payment, permission, or authorization is required from any other party or entity for the use, distribution, or other exploitation of such content as permitted by these Terms and the Privacy Policy. This includes but is not limited to all trademarks, copyrights, patents, trade secrets, privacy and publicity rights, and other proprietary rights.
  3. You shall not use any Services provided by the Platform for commercial purposes of any kind, other than those explicitly permitted by Us. You shall not advertise or sell any products or services, solicit others (including but not limited to solicitations for contributions or donations), or use any public forum on the Platform for commercial purposes of any kind. Should You wish to advertise Your product or service, please contact Us at ________________.
  4. You shall not use the Platform in any manner that is unlawful or harms Us, Our Restaurant Partners, Logistic Associates, or any other person or entity, as determined in Our sole discretion.
  5. You shall not post, submit, upload, distribute, or otherwise transmit or make available any software or computer files that contain a virus or other harmful component. You shall not impair or damage the Platform or any connected network, or interfere with any person or entity’s use or enjoyment of the Platform.
  6. You shall not use another person’s username, password, or other account information. Additionally, You shall not use another person’s name, likeness, voice, image, or photograph. Impersonating any person or entity or misrepresenting Your identity or affiliation with any person or entity is strictly prohibited.
  7. You shall not engage in any form of antisocial, disruptive, or destructive acts, including but not limited to “flaming,” “spamming,” “flooding,” “trolling,” or “griefing,” as those terms are commonly understood and used on the Internet.
  8. You shall not delete or modify any content of the Platform, including but not limited to legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols or logos. You do not have permission to modify any part of the Platform, the Platform software, or any equipment or network on which the Platform is stored. You are prohibited from tampering with any equipment of Fezzo or any third party connected to the Platform.
  9. You shall not host, display, upload, download, modify, publish, transmit, update, or share any information which:
  • Belongs to another person and which You do not have any right to;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, slanderous, criminally inciting, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing, including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Is misleading or misrepresentative in any way;
  • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”;
  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  • Infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number), or rights of publicity;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work (e.g., providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files);
  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  • Provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or creating computer viruses;
  • Contains videos, photographs, or images of another person (whether a minor or an adult) without appropriate consent;
  • Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Engages in commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, bartering, advertising, pyramid schemes, or the buying or selling of products related to the Platform. Fezzo’s prior written consent means a communication from Fezzo’s Administration Department, specifically in response to Your request, expressly addressing and allowing the activity or conduct for which You seek authorization;
  • Solicits gambling or engages in gambling activities that could be construed as illegal;
  • Interferes with another user’s use and enjoyment of the Platform or any third party’s use and enjoyment of similar Services;
  • Refers to any website or URL that, in Our sole discretion, contains material inappropriate for the Platform, violates the letter or spirit of these Terms, or contains content prohibited under applicable laws;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright, or other intellectual property rights, or third party’s trade secrets or rights of publicity or privacy;
  • Is fraudulent or involves the sale of counterfeit or stolen products;
  • Violates any law for the time being in force;
  • Deceives or misleads the recipient about the origin of messages or communicates information grossly offensive or menacing in nature;
  • Impersonates another person;
  • Contains software viruses or other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains trojan horses, worms, time bombs, cancelbots, easter eggs, or other harmful programming routines;
  • Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or causes incitement to the commission of any criminal offense or prevents investigation of any offense, or insults any other nation;
  • Is false, inaccurate, or misleading;
  • Directly or indirectly offers, attempts to offer, trades, or attempts to trade in any item prohibited or restricted under applicable laws, rules, or guidelines; or
  • Creates liability for Us or causes Us to lose (in whole or part) the Services of Our internet service provider or other suppliers.

 

  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to prohibit any such activity.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other Buyer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the name ‘Fezzo’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fezzo or Restaurant Partner on the Platform or otherwise tarnish or dilute any Fezzo’s trade or Service marks, trade name and/or goodwill associated with such trade or Service marks, as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Fezzo’s systems or networks, or any systems or networks connected to Fezzo.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
  6. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any Service offered on or through the Platform. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  7. You shall not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Fezzo and/or others.
  8. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to GST, income tax, custom duty, local levies) regarding Your use of Our Service and Your listing, purchase, solicitation of offers to purchase, and sale of products or Services. You shall not engage in any transaction in an item or Service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  9. In order to allow Us to use the information supplied by You, without violating Your rights or any laws, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information.
  10. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or Services, including, but not limited to, products or Services related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform.
  11. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which We deem appropriate in Our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  12. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Fezzo shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding anything contained above, You shall remain solely responsible for the content of the materials You post on the Platform and in Your private messages. Please be advised that such content posted does not necessarily reflect Fezzo’s views. In no event shall Fezzo assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

We reserve the right to suspend or terminate your account if you engage in any prohibited activities or violate these Terms.

INTELLECTUAL PROPERTY

  1. We are either the owner of the intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise intellectual property rights in the Platform and all materials published on it. This includes, but is not limited to, the user interface, layout format, order placement process flow, and any associated content.

 

  1. You acknowledge that Fezzo is the registered owner of the word mark “Fezzo” and its logo, including all variations thereof (hereinafter referred to as “Licensed Marks“). You agree not to directly or indirectly attack or assist anyone in challenging the validity of Fezzo’s or its affiliates’ proprietary rights in the Licensed Marks or their registrations. Furthermore, You shall not file any applications for registering the Licensed Marks, or any names, logos, or designs derived from or confusingly similar to the Licensed Marks, including their variations, translations, or transliterations, in connection with any products, Services, or territories worldwide.

 

  1. If you become aware of any infringement of Fezzo’s intellectual property rights, you shall promptly report the matter to support@fezzo.in along with all relevant details.

 

  1. We grant You a personal, limited, non-exclusive, and non-transferable license to access and use the Services, strictly as permitted by these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. The information available through the Services may only be used for Your personal, non-commercial purposes.

 

  1. You agree not to:

 

  • Use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, sell, promote, or create derivative works based on the Fezzo’s content.
  • Exploit any part of the Services or allow others to do so, except as expressly authorized by Us in writing.
  • Remove, conceal, or obscure any copyright or proprietary notices, including altering the size, color, location, or style of Licensed Marks.

 

  1. The Services may contain confidential information, which You shall not disclose without Our prior written consent.
  2. Any infringement may result in the termination of Your rights to use the Services and legal action against You under applicable laws.
  3. To the fullest extent permitted by applicable law, We do not warrant that Your use of materials displayed on the Services will not infringe upon third-party rights. If You become aware of any claim that the Services infringe third-party intellectual property, contractual, statutory, or common law rights, You must notify Us immediately by sending an email to _________.

WARRANTY

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, FEZZO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“FEZZO AFFILIATES”) 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 FEZZO AFFILIATES 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 FEZZO AFFILIATES 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 FEZZO 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 FEZZO, 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.

LIMITATION OF LIABILITY

  1. To the fullest extent permitted by applicable law, in no event shall Fezzo, including its affiliates, officers, directors, employees, agents, partners, licensors, and service providers ( “Fezzo Affiliates“), be liable to You for any damages arising from or related to:
  • any errors, inaccuracies, or omissions in the content provided on or through the Services, including the mobile application;
  • personal injury or property damage of any kind resulting from Your access to or use of the Platform or Services;
  • any unauthorized access to or use of Our servers, as well as any personal information stored therein;
  • interruptions or disruptions in transmission to or from Our servers or the Platform;
  • the introduction of any malicious software, including but not limited to bugs, viruses, Trojan horses, or similar threats, that may be transmitted to or through the Platform or Services by any third party;
  • the loss, deletion, or corruption of any data or content that You may upload, store, or otherwise interact with through the Services;
  • any errors, inaccuracies, or omissions in the content available through the Services, or any loss or damage of any nature incurred as a result of Your reliance on such content or its use, transmission, or availability through the Platform;
  • the disclosure of any information pursuant to these Terms or Our Privacy Policy;
  • Your failure to maintain the confidentiality and security of your password or account details;
  • any loss or damage incurred by You due to your reliance 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 advertisements are displayed through the Services;
  • any delay, failure, or disruption in performance caused by circumstances beyond Fezzo’s reasonable control, including but not limited to acts of nature, technical failures, or force majeure events.

 

  1. Additionally, under no circumstances shall the Fezzo Parties be held liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, regardless of the cause or the legal theory under which such damages arise. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill, loss of business reputation, loss of data, costs associated with the procurement of substitute goods or services, or any other intangible losses, even if Fezzo has been advised of the possibility of such damages.
  1. This limitation of liability applies to the fullest extent permissible under applicable law and regardless of whether the claim is based on warranty, contract, tort, or any other legal principle.

INDEMNIFICATION

  1. You agree to indemnify, defend, and hold harmless the Fezzo Affiliates 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:
  • Your unauthorized use or misuse of the Services, or products or services included or advertised in the Services;
  • Your breach of these Terms;
  • Your violation of any third-party rights;
  • Your misuse of the platform;
  • Your infringement of the copyright or intellectual property rights of any third party.
  1. Fezzo reserves the right, at Your sole expense, to assume the exclusive defense and control of any matter for which You are obligated to indemnify Us under these Terms. By accepting these Terms, You expressly agree to fully cooperate with Our efforts in the defense and resolution of such claims, actions, or proceedings.
  2. Furthermore, You agree that You shall not settle, compromise, or otherwise resolve any matter in which Fezzo is named as a defendant, or for which You have indemnification obligations to Us, without obtaining Our prior written consent. Such consent must be expressly granted in writing by an authorized representative of Fezzo.
  3. Fezzo commits to making reasonable and good faith efforts to promptly notify You of any claim, action, or legal proceeding that may arise and trigger indemnification obligations, as soon as We become aware of such claims. Our intention is to provide You with sufficient notice to address and respond to these matters in coordination with Our legal and administrative efforts.

NO ENDORSEMENT

  1. Fezzo does not endorse any Restaurant Partner, nor do We confirm, or attempt to confirm its purported identity. We will not be responsible for any damage or harm resulting from Your interactions with other users.
  2. The Platform may contain links to third-party websites, applications, or services. These links are provided for your convenience, and we do not endorse or assume responsibility for their content, policies, or practices.
  3. By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Fezzo with respect to such actions and omissions.

TERMINATION

  1. We reserve the right to suspend or terminate Your access to the platform at our sole discretion, with or without notice, for any reason, including violations of these Terms or lack of use of the Services. Upon termination, Your rights to use the Platform and access its content will cease immediately. We shall not be liable to You or any third party for the discontinuation or 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 and ceasing further use of the Services.

GOVERNING LAW AND DISPUTE RESOLUTION

  1. These Terms are governed by the laws of India. In relation to any legal action or proceeding to enforce this Agreement, the Parties irrevocably submit to the exclusive jurisdiction of the courts at Kochi, India, subject to the clause below.
  1. Any disputes arising from these Terms or Your use of the Platform shall be resolved through arbitration in Kochi, conducted in English, in accordance with applicable arbitration laws.
  2. The decision of the arbitrator shall be final and binding on all parties.

AMENDMENTS

We reserve the right to modify or update these Terms at any time. Changes will be effective upon posting on the Platform, and Your continued use constitutes acceptance of the revised Terms.

WAIVER

No waiver by Fezzo under this Agreement shall be valid or binding unless set forth in writing, and duly executed. The failure of Fezzo to insist upon enforcing strict performance by You of any provision of these Terms, or to exercise any right under these Terms shall not be construed as a waiver or relinquishment to any extent, of Fezzo’s right to enforce such provision of these Terms.

 

SEVERABILITY

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

CONTACT US

If You have questions, concerns, or feedback regarding these Terms, please reach out to Us:

  • Email: support@fezzo.in
  • Phone: +91 8301 967915
  • Address: 3rd Floor, OAF Tower, Ponnurunni-Chalikkavattom Rd, Ponnurunni, Vyttila, Ernakulam, Kerala 682019

Thank you for choosing Fezzo!