To coverage full scope for managing restaurant, we created certain add-ons which restaurateurs can avail of by paying through an online Payment Gateway. Below are the Terms and Conditions for the same.

Introduction
These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities concerning your access to and use of the website at www.zapnow.app (the “Site”) and any related mobile or software applications, whether existing now or in the future (“the ZapNow Partner App or the ZapNow Driver App”) of Lesus Innovations Pvt Ltd (“ZapNow” or “We” or “Us”). By downloading or otherwise accessing the ZapNow Partner App or the ZapNow Driver App, you agree to be bound by these Terms, our Privacy Policy, and the License Agreement. If you have any queries about the ZapNow Partner App or the ZapNow Driver App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the ZapNow Partner App or the ZapNow Driver App immediately.

Definitions

“Services” include business applications like the Feedback Management Mobile App and the Waiting Queue Management Mobile App, which are integrated into the ZapNow POS system.

“ZapNow POS” refers to the primary point-of-sale and ERP solution provided by ZapNow for restaurateurs, retailers, and sellers.

“ZapNow Delivery App” refers to the platform provided by ZapNow for sellers and retailers to facilitate order deliveries through in-house drivers.

“Content” refers to any material created and made available by ZapNow in connection with the Services, including but not limited to visual interfaces, interactive features, computer code, products, and software.

“Your Content” or “User Content” means content that you upload, share, or transmit to, through, or in connection with the Services, such as reviews, ratings, customer data, delivery status, order details, and any other information displayed in your account.

General Rules Relating To Conduct

The ZapNow Partner App or the ZapNow Driver App is made available for personal and business use. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.

When using the ZapNow Partner App or the ZapNow Driver App, you must comply with all applicable Indian laws and international laws. You agree not to:

Use the ZapNow Partner App or the ZapNow Driver App in any unlawful manner or encourage illegal activities, including copyright infringement.

Attempt to gain unauthorized access to the ZapNow Partner App or the ZapNow Driver App or any connected networks, servers, or computer systems.

Modify, adapt, reverse-engineer, or frame any portion of the ZapNow Partner App or the ZapNow Driver App without express permission.

You agree to indemnify ZapNow and its affiliates against any loss, damage, costs, or expenses incurred due to misuse of the ZapNow Partner App or the ZapNow Driver App or Services

ZapNow Delivery App – Seller and Retailer Terms

1.Use of the ZapNow Delivery App

The ZapNow Delivery App is a service that enables sellers and retailers to manage deliveries through in-house drivers. By using the ZapNow Delivery App, you agree to:

Ensure that delivery personnel follow all applicable laws, including traffic regulations and commercial vehicle requirements.

Accurately input order and delivery details in the ZapNow Partner App or the ZapNow Driver App.

Maintain professionalism and provide a seamless experience to customers.

Take full responsibility for any errors, delays, or damages caused during the delivery process.

Comply with ZapNow’s policies regarding disputes, refunds, and chargebacks.

2.Driver Responsibilities

Retailers and sellers using the ZapNow Delivery App for in-house drivers must ensure that their drivers:

Are legally eligible to operate vehicles for delivery.

Use proper packaging and follow hygiene standards when handling food or perishable items.

Maintain a positive and professional demeanor while interacting with customers.

Accept liability for any loss, theft, or damage during transit.

3.Delivery Fees and Charges

Sellers and retailers are responsible for setting their delivery charges.

ZapNow does not regulate or interfere in the pricing decisions of sellers but provides analytics and reporting tools.

Any disputes regarding delivery fees must be resolved between the seller/retailer and the customer.

4.Order Management and Cancellations

Sellers and retailers can manage orders and deliveries directly within the ZapNow Partner App or the ZapNow Driver App.

Once an order is accepted for delivery, cancellations must be handled in compliance with the seller’s cancellation policies.

Customers must be notified promptly in case of delays or issues with delivery.

5.Liability and Indemnification

ZapNow is not responsible for any damage, loss, or liability arising from deliveries carried out by sellers’ or retailers’ in-house drivers. By using the ZapNow Delivery App, you agree to indemnify ZapNow against any claims or disputes related to deliveries.

Intellectual Property Rights And Content
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress, and other intellectual and proprietary rights associated with the Services and Our Content. All rights are reserved.

You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of
materials displayed on the Services will not infringe rights of third parties not owned by or affiliated
with us. You agree to immediately notify us upon becoming aware of any claim that the Services
infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law
right.

You further acknowledge that the Services may contain information which is designated as confidential by Zapnow and that you shall not disclose such information without Zapnow’s prior written consent. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, our Content, or our Intellectual Property Rights.

By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free, right to use Your Content for any purpose including API partnerships with third parties and in any media existing now or in future. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, by any third party services and our and their users.

You are responsible for Your Content. You represent and warrant that:
Your Content was not submitted via the use of any automated process such as a script bot; Use of Your Content by us, third-party services, and our and their third-party users will not violate or infringe any rights of yours or any third party; and Your Content does not violate the Terms or any applicable laws.

You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. Zapnow may monetize some of this Content through the use of third-party affiliate programs. Notwithstanding such affiliate programs, Zapnow does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites or their availability or contents.

Please note that your use of third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. Third-party content does not reflect our views or that of our parent, subsidiary, affiliate companies,
branches, employees, officers, directors, or shareholders.

We may obtain business addresses, phone numbers, and other contact information from third-party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness, or quality of any product, services, advertisements, and other content appearing in or linked to from the Services.

We do not screen or investigate third-party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services.

Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content
accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Zapnow is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.

We assume no responsibility or liability for any of Your Content or any third-party content. You further acknowledge and agree that Zapnow is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

Free Trial And Fees
You may start using our App with a free trial. The free trial period of the App lasts for one week, or as otherwise specified during sign-up and is intended to allow you to try the service. You will be notified during sign-up whether you are eligible for a free trial. We will bill your Payment Method for your yearly membership fee at the end of the free trial period unless you uninstall the App prior to the end of the free trial period. You will not receive a notice from us that your paid membership has begun.

You may cancel your membership at any time. However, we do not provide refunds or credits for partial membership periods. We may change our service plans and the price of our Services from time to time.

Zapnow Privacy Policy
We take your privacy very seriously. Zapnow will only use your personal information in accordance with the terms of our privacy policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

Disclaimer / Liability USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ZAPNOW DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS, AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW, OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM, OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT, INFORMATION ACCURACY, AS BETWEEN ZAPNOW AND YOU, ARE HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Zapnow will not be liable, in contract, tort (including, without limitation,negligence), under statute or otherwise, as a result of or in connection with the App, for any:

– economic loss (including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings); or
– loss of goodwill or reputation; or
– special or indirect or consequential loss. IF ZAPNOW IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS.

Service Suspension

Zapnow reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Advertisers In The App
We accept no responsibility for advertisements contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Zapnow, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

General
These Terms (as amended from time to time) constitute the entire agreement between you and Zapnow concerning your use of the App.
Zapnow reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Zapnow.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only. These Terms shall be governed by and construed in accordance with Indian laws and you agree to submit to the exclusive jurisdiction of the Ahmedabad, Gujarat, India.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Zapnow’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zapnow in writing.