TERMS & CONDITIONS OF MERCHANT ENROLMENT FORM FOR EVENTS

These Terms form part of the Merchant Enrolment Form for Event(s) ("Form") and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the "Merchant"), and Zomato Entertainment Private Limited (hereinafter known as "Zomato") and its affiliates, regarding the use of the Premises (as defined below) by the Merchant for the provision of Services (as defined below) by the Merchant to the Customers (as defined below).

Definitions

"Booking" means reservation of the Premises at the Venue by the Merchant for provision of Services.
"Commission" means the amount payable by the Restaurant Partner to Zomato, being a % of Gross Sales as set out in the Form.
"Customer" means the users attending the Event who place Orders with the Merchant.
"Event(s)" means the carnival organized by Zomato through itself or along with any other third party, for such duration and at such Venue as determined by Zomato and set out in the Form.
"Event Duration" means the duration for which an Event is organized, which shall be the date from which the Event commences (“Start Date”) to the date the Event ends (“End Date”), as set out in the Form.
"Event Timings" means the duration of the Event on any given day of the Event Duration, as set out in the Form, during which the Merchant can offer its Services to Customers.
"Food Zone" means food zones as set out in the Form.
"Form" means the Merchant Enrolment Form executed by the Merchant for participation in the Event.
"FSSAI" shall mean the Food Safety and Standards Authority of India.
“Gross Sales” means the total amount charged by the Restaurant Partner to any Customer that is attributable to any Order placed by Customers.
"Merchant" means the entity/ individual / operator of an entity as mentioned in the Form, who has executed the Form for offering Services at the Event in order to sell food and beverages in the booked Premises.
"Settlement Amount" means Order Value received, less the Commission and any other additional amount, charges etc. that are due to Zomato from the Merchant under these Terms or the Form.
"Order" means the placement of an order by the Customer with the Restaurant Partner for the purchase of Services.
"Order Value" means the amount which is payable by the Customer upon placement of an Order with the Restaurant Partner for the Services.
"Parties" means Zomato and the Merchant.
"Premises" means space booked by the Merchant at the Venue, as set out in the Form.
“Security Deposit” means the one-time interest-free deposit made by Merchant to Zomato at the time of signing the Form.
"Services" means the food and beverages items sold by the Merchant to Customers at the Premises, during an Event.
"Venue" means the place where the Event is organized.
"Platform" or “Zomato Platform” includes website www.zomato.com, Zomato mobile application, software, or technologies.
"Menu" means any document or virtual page, which lists out the Services offered for sale by the Merchant to the Customer.
"Pre-Packed Goods" means the food and beverages items packaged in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer and as may be defined under the Food Safety and Standards Act, 2006 from time to time.

Zomato's Obligations:

Upon execution of the Form and payment of Security Deposit and subject to the terms of the Form read along with these Terms, Zomato shall provide Premises to the Merchant for provision of Services during the Event.
Subject to the terms of the Form read along with these Terms, Zomato shall allow the Merchant to undertake Set-Up Activities.
Zomato shall allow Merchant to bring at the Venue such equipment and raw materials that are permitted at the Venue. Zomato reserves the right to check equipment, raw materials, bags and other items of the Merchant for safety and security purposes. This check can be done at any point before or during the Event, without any prior intimation to the Merchant.

Merchant Obligations:

Merchant will not discriminate while providing Services to Customers and in servicing Orders received from Customer.
Merchant shall process and execute the Order(s) promptly.
Restaurant Partner shall inform Zomato about any change or modification made to the Order by the Customer, directly with the Restaurant Partner.
The Merchant shall ensure that the Order(s) are in accordance with Order placed by the Customer.
Merchant shall (a) undertake adequate police verification and background checks for its personnel and maintain records of the same; (b) ensure that its personnel are not intoxicated; (c) ensure that its personnel don't misbehave with the Customer; (d) make timely payment of all applicable statutory dues; (e) maintain adequate insurances; and (f) provide proper training to its personnel to ensure its personnel deliver the Order efficiently without any spillage or delay.
Restaurant Partner shall not commingle the Order along with other orders.
Except for the prices set out in the Menu, Merchant shall not charge any additional charges from Customers on Orders placed by Customer.
Merchant shall not independently collect any data or information about the Customer. Any data so collected shall be handed over to the Merchant without retaining any copies thereof.
Merchant shall enter accurate amounts of the Order Value at the time of receipt of payment from the Customer.
Merchant shall not accept cash as a mode of payment of Order Value.
Merchant shall provide the Menu within such period of time as required by Zomato. It is hereby clarified that Zomato shall have sole and absolute discretion to reject the Menu.
The Merchant shall not be permitted to undertake any Set-Up Activities during the Event Timings.
Merchant shall, before the start of Event, procure a valid FSSAI license and GST registration for provision of Services at the Venue and in the city where the Event is being organized.
Merchant shall comply with the applicable laws, including the Food Safety and Standards Act, 2006 and the rules and regulations made thereunder.
Merchant shall comply with the terms and conditions applicable on the use of Venue by Zomato, to the extent the same are applicable on the Merchant.
The Merchant warrants:

quality of the food and beverages sold in the Event;
misconduct / illegal activity of the Merchant's, employees, representatives, agents, sub-contractor/vendor or anyone else working under the instructions of the Merchant (“Merchant's Staff”) and/or
any other issue arising out of the provision of Services by the Merchant.

The Merchant acknowledges and agrees that it will be solely responsible and liable to the Customer for the

quality of the food and beverages sold in the Event
misconduct / illegal activities of the Merchant's Staff and/or
any other issue arising out of the provision of Services by the Merchant.

Merchant shall be solely responsible for any loss, damage, or injury to third parties, including Customers, bystanders, public audience, and other participants by any reason that is attributable to the Merchant.
Merchant shall address and resolve all Customer's complaints received by Zomato relating to the efficacy, quality or any other issues relating to the Services or behavior of Merchant's staff.
Merchant acknowledges and agrees that Merchant shall be required to furnish a copy of its PAN Card, TAN, GSTIN, FSSAI license and registration certificates and other details required as per law, as maybe requisitioned by Zomato failing which, Zomato reserves the right to seal the Premises of the Merchant during Event, without refunding any amount paid by the Merchant to Zomato under the Form.
Merchant shall adhere to the highest standard of work, health & safety norms and practices and shall be proactive in taking such measures as may be required to achieve the same, including but not limited to:

health and safety of people present at the Venue, including the Customer are not put at risk;
All structure stability certificates are in place.

Merchant shall take special care with, ovens, equipment wiring, managing electricity load, glow signages, Premises structure, decor and safety of customers around the booth while cooking. Zomato reserves the right to enforce changes in cooking process if they feel the safety and deliverables of any person present at the Venue are hampered.
The Merchant shall not use gas/LPG cylinders and/or tandoor in the Venue during the Event, for any reasons whatsoever.
Merchant shall follow the highest standards of hygiene and cleanliness in their cooking, materials, packaging, presentation steps such as using gloves, maintaining clean kitchen areas, changing water, using dustbins, discarding waste timely, improving stall odour and keeping flies and other foreign agents away from the food. Zomato retains the right to revise the process flow, alter/change the look of the Premises to facilitate hygiene and/or ask the Merchant to stop selling if hygiene standards are poor.
Merchant shall not allow any other establishment / brand to provide Services or carry out and branding/promotional activities in the Premises allotted to it pursuant to the Booking.

Menu

The Merchant agrees that Zomato reserves the right to modify and delete certain items from the Merchant's menu list at its sole discretion, to ensure compliance with Food Safety and Standards Act, 2006, requirements or applicable law in the relevant State or Territory and all other applicable legislation, regulations or standards. Zomato shall endeavour to update price lists within a reasonable time of being notified of changes (in writing) by a Merchant.

Merchant shall provide Zomato with a separate list of all Pre-Packed Goods which form part of the Merchant's menu list, to be listed on the Platform, in the format acceptable to Zomato.

Zomato may perform a variety of marketing activities to promote the Merchant and the Merchant's Menu; provided, however, that all such marketing activities will be determined in Zomato's sole and absolute discretion. However, Zomato is not under any obligation to provide any marketing and promotion activities until the Restaurant Partner provides all required information and such activity is in compliance with Zomato's policies and guidelines.

Payments:

For making a Booking, the Merchant shall make the complete payment towards Security Deposit simultaneously with the execution of this Form, failing which the Booking shall not be considered by Zomato. It is hereby clarified that Zomato shall be entitled to deduct any amounts from the Security Deposit due and payable by Merchant under these Terms or the Form.
Settlement Amount shall be exclusive of applicable taxes, which shall be payable by the Merchant.
Zomato shall raise invoices on the Merchant containing such particulars as may be prescribed under the Goods and Service Tax (“GST”) Act and rules made thereunder, as amended from time to time for the Commission payable by the Merchant.
The Merchant acknowledges and agrees that Zomato will provide the Merchant with an invoice within a reasonable period of time from the date of completion of the Event for the Commission and other amounts, charges payable by the Merchant to Zomato under these Terms or the Form.
Prior to the execution of Form, the Merchant shall provide GST identification number and such other documents as may be required by Zomato for purpose of generating appropriate invoices.

Cancellation and Refunds:

Merchant shall be solely liable to settle any dispute that may arise with the Customer, including without limitation, disputes related to quality and quantity of food, overcharging of Order Value to Customers.
Zomato shall not be liable to refund any amount paid by the Merchant towards the Security Deposit, if the Merchant chooses to terminate/cancel the Form at any time.
Zomato reserves the right to terminate/cancel this Form at any time 72 hours prior to the Event without assigning any reason thereof and in such case Zomato will refund up to 100% of Security Deposit or any part thereof that may have been received by Zomato from the Merchant under the Form.
Zomato reserves the right to terminate/cancel this Form at any time prior or during the Event without refunding any amounts, whatsoever, including the Net Payable Amount received by Zomato from the Merchant under this Form, if:

Zomato determines, in its sole discretion, that the Merchant has violated / is violating any applicable law; and/or is in breach of any terms of the Form read along with these Terms;
the Merchant, itself or through its legal representative does not physically report at the Venue at the Reporting Time and in such a case, Zomato may, in its sole discretion, allot the Premises booked by the Merchant to any third party with no liability to the Merchant, whatsoever.

Code of Conduct:

Merchant must adopt basic discipline, ethical and polite conduct towards every person present at the Venue, including other Merchants and Customers.
Merchants are not allowed to sell Event entry tickets, steal any material, including but not limited to tables, chairs, art installations, branding materials, decorative items etc, of Zomato or any third party, cause deliberate material damage, interfere with work flow of Zomato and/or authorities, knowingly or unknowingly violate the policies and agreements or indulge in any activity that is deemed illegal, offensive to others & against the policies of the Event.
At no point would Zomato be held responsible for any damages and consequences to anyone due to any misconduct by any Merchant or other persons.
The Event strives to be a plastic free festival and encourages all Merchants and other stakeholders to join hands with Zomato to minimise carbon footprints. Use of paper straws, jute bags, minimal plastic use are some of the many ways in which Merchants can contribute in this regard.
Appropriate waste management is an integral part of Event. Zomato has put in a lot of effort to offer solutions to minimise food and other waste during the show. This would again help in reducing carbon footprint and moving towards sustainable practices. Waste management instructions will be given to all Merchants before the start of or during the Event. Zomato would expect Merchant's support and cooperation in execution of the same.
Merchants shall accept payment from Customers only using the payment mechanism provided by Zomato or any of its authorized suppliers. If Merchant violates this provision in any manner, Zomato shall be entitled to terminate the Form forthwith, vacate Merchant from the Premises and the payment of Settlement Amount to Merchant shall be forfeited in its entirety, without prejudice and in addition to any other remedy that Zomato may have under applicable laws.

Venue Rules:

After a Customer avail the Services, the Merchant must provide an invoice, in accordance with applicable laws, for the Services provided to the Customer.
The Merchant shall have to report at the Venue twenty-four (24) hours prior to the Start Date ("Reporting Time") to offload all the raw material, goods and equipment in order to set up their Premises ("Set-Up Activities").
The Merchant shall ensure all Set-Up Activities are completed six (6) hours prior to the Start Date, failing which the Merchant shall not be permitted to undertake any such activities within the Premises.
Certain equipment might not be allowed, based on the type and rules of Venue. Any such restrictions may be communicated by Zomato to the Merchant prior to the Reporting Time. Also, Merchant shall go through the terms and conditions of the Venue to keep itself aware of the restrictions. The Merchant must adhere to any restriction applicable on the Venue.
If Merchant wants to build a structure in the allocated Premises, it can do so only post sharing a structure stability certificate authorized by an engineer on behalf of the Merchant with Zomato to its satisfaction. The Merchant shall ensure that it builds the structure in compliance with the applicable laws, including but not limited to the fire safety guidelines. Merchant shall not build any structure in the Premises without prior written approval of Zomato.
Zomato will provide four tables (masked) and four chairs to each Merchant.
Zomato will provide the Merchant upto 500 litres of water per day from Start Date of Event till End Date of Event for cleaning soiled utensils only. Merchant shall not use the water provided by Zomato for any other purposes such as cooking, drinking etc.
Merchant shall be provided with one metal halide light inside the Premises to light up the Premises. If the Merchant needs any additional light, it may be installed by the Merchant at its own cost. However, if the Merchant wants to install any additional light, it shall seek a written approval from Zomato 15 days prior to the Event Start Date.
In general, housekeeping is the responsibility of Zomato. However, Zomato shall not be responsible for cleanliness within the Premises once the Event has started. Merchant must take note that it should be their utmost priority to have a hygienic environment for cooking. The Merchants must carry dustbins and garbage bags and dump all refuse in the designated space behind the Premises.
It may be the case that Merchant would need to cooperate with certain brand requirements from an alliance point of view. For instance, product placement. These would be communicated to the Merchant before the start of the Event. If the Merchant has any concern, it shall raise the same before the start of the Event, failing which no concern shall be addressed.
Merchant's staff, employee, representative, agent or contractor shall strictly comply with the do's and don'ts dossier prescribed by Zomato during the Event.
Zomato may perform a variety of marketing activities to promote the Merchant's presence in the Event; provided, however, that all such marketing activities will be done in Zomato's sole and absolute discretion.
Music performances, comedy acts and other sources of entertainment will be a part of Zomaland.
Any marketing and promotion activities to be conducted by Merchant shall be subject to the prior written approval of Zomato. It is hereby clarified that Zomato shall have sole and absolute discretion to reject the request of Merchant in this regard..

Premises Allocation and Layout:

Merchant shall be shown a tentative zone map. The complete show map will not be disclosed before the Start Date of the Event under any circumstances.
Premises allocation, within the chosen category would be done randomly using an internal randomiser mechanism. Merchant shall not be able to block a particular Premises basis the layout under any circumstances.
The Venue layout is always subject to change for a variety of reasons. Zomato reserves the right to alter the Venue layout at anytime before the Reporting Time, without giving any prior intimation to the Merchant.

Event Access for Merchants:

Zomato shall provide limited access to Merchants for their staff and team required to man, manage and operate the Premises for provision of Services. Zomato reserves the right to admission.
Merchant's staff, employee, representative, agent or contractor may not be given access to the entire Venue. The bands/ accreditations given to them by Zomato will provide access only to specific areas.
Merchant acknowledges that the movement of their equipment and permissions required for the same is the sole responsibility of the Merchant.
There shall not be any free/designated parking at the Venue for the Merchant or its staff.
Zomato will not be responsible for any loss of or damage to the personal belongings of the Merchant.
Merchant shall not bring their vehicle, truck, service vehicle or any other logistics equipment at the Venue after 8 AM and before 11 PM on any Event day. Loading and unloading can be done only at the designated gate at the Venue. Details of the gate designated for loading and unloading shall be informed by Zomato before the Start Date of the Event. Under no circumstances shall any vehicle of Merchant be allowed inside the Venue.
Access to Event passes to Merchants would be limited and would be basis the do's and don'ts dossier shared with the Merchants before the start of Event.
Any controlled access to the Venue or any part thereof at any point of a show, shall be applicable during such show only.

Electricity:

During the Event, Merchant shall be provided with a 5KW power load.

Electricity usage at a particular Premises would include load for kitchen equipment, personal electronic items, décor elements of the Premises, additional lighting at the Premises and all light board and branding elements using electricity.

If Merchant requires additional power over and above what has been alloted to it, it must make a written request to Zomato at least five (05) days before the Event Start Date. The additional electricity shall be provided at the following additional cost:

SNo.	Phase Type	Additional Power Load (KW)	Cost for 3 days
1	Single Phase	Upto 5 KW	Rs. 1,500/-
2	Single Phase	5 KW- 10 KW	Rs. 3,000/-
3	Single Phase	10 KW- 20 KW	Rs. 4,500/-
4	Three Phase	Upto 10 KW	Rs. 2,000/-
5	Three Phase	10KW – 20KW	Rs. 4,000/-
6	Three Phase	20KW – 30KW	Rs. 6,000/-

Safety for all is Zomato's top priority. All Merchants should strictly adhere to the following guidelines:

Merchants are not allowed to directly put live wires into the socket/ electricity unit boxes. All equipment and electronic items should have a proper plug, which is a necessity before putting them in the sockets. Merchants can seek help from Zomato's on-ground sales & operations team in case this issue arises at the Event.
If Merchants are using their own electricians, they need to inform Zomato's on ground sales & operations team in advance, to ensure that the electricity and fire safety team can be consulted on the same.
Many electrical lines would be running in parallel behind the Merchant area. Merchants must be careful to not damage any of these lines and should set-up their working space at the back accordingly. The Merchant shall bear all cost and damages for any loss caused to any person, including but not limited to Zomato, due to tampering of existing wires and cables by the Merchant.
Each Premise is provided with a halogen light. Merchants must not hamper the light and the wiring of the same. The Merchant shall bear all cost and damages for any loss caused to any person, including but not limited to Zomato, due to damage to the light or wiring of the same by the Merchant.
Any additional requirements for lighting is the Merchant's responsibility. The wiring of the same should only be done after consulting Zomato's operations team or the Zomato electricity team.
Zomato will not be providing any electricians who cater to specific Merchant requirements such as to wire a different décor, branding, lighting and cooking equipment for any Premises. Merchants should have their own electrician for all miscellaneous and operational work related to electricity. However for any modifications in wiring in the Premises, the Zomato electricity team should be consulted beforehand.
Safety is a collective responsibility and must be a top priority at all times for all participants as well as stakeholders at the Event.
Any socket outlets, extension cord plugs or other connectors exposed to the weather must be protected from water. Socket outlets and plugs must be correctly IP (ingress protection) rated for their location, and extension lead plugs must have appropriate coverings. Please note: Plastic bags not being the appropriate protective materials for connections, must not be used as they can collect water rather than keep it out.
All staff of Merchant working at the Premises and those who would be handling any electrical equipment at any time must wear rubber shoes/ footwear and appropriate gloves (if needed) to handle the wires and connections. Zomato shall not be responsible for any injury to the staff of Merchant or any other person or any damage caused to the Premises, Venue or any material kept at the Premises. Merchant hereby agrees to indemnify and keep Zomato harmless in case of any such injury or damage.

Intellectual Property Rights:

Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner without being specifically authorized in writing by that other Party.
Zomato shall not be liable for contents and images shared, uploaded or displayed in the Premises / Venue by the Merchant.
Merchant hereby grants to Zomato a non exclusive, irrevocable, royalty free right to to use and include Merchants' trademarks (as may be provided by the Merchant from time to time), including but not limited to brand logo, taglines, food pictures, Merchant's corporate name on the Platform and in any directory or promotional material produced in connection with the promotion of the Event.
Merchant further declares to Zomato that it shall not violate the intellectual property rights of Zomato or any third party.
The Merchant hereby acknowledges that Zomato may also capture content on ground via photography or videography for this purpose ("Product"). Zomato shall be the sole owner of such Product including but not limited to the motion-video footage, still images or images that might by any process be extracted from the Video, rough and final cut of the Product.
Merchants must adhere to the branding guidelines of Zomato while cross-promoting the Event.
Merchant shall not damage the Premises or hamper with any other production element provided by Zomato.
All images and content used in communications from the Event team are only to be used as reference images.
In case branding by a Merchant blocks the line of sight of any other Merchant or any key Zomato element or encroaches upon any other Merchant's space, Zomato reserve the right to remove the same.
The Merchant hereby grants Zomato the free right to use, in perpetuity, any pictures clicked at the Event and/or all or any part of the recording of any tape made of Merchant's appearance on any channel for broadcast in any and all media globally and for advertising, publicity and promotion relating hereto.

Confidentiality: The Parties shall not at any time divulge, or allow to be divulged to any person, any confidential information unless the said information comes in public domain without breach by either Party however, no Party shall be precluded from disclosing any information to the extent required in the legal proceedings. The obligations under this Clause shall survive the termination of these Terms read along with Form.
Warranty and Indemnity:

Merchant warrants that it will not offer for sale any potentially hazardous food, tobacco product, or any other item prohibited by law.
Zomato warrants that it will undertake its obligations with reasonable skill and care.
Merchant warrants that it complies and will remain compliant with the Food Safety and Standards Act, 2006, and the applicable rules and regulations made thereunder and any other requirements or applicable law in the relevant state and all other applicable legislation, regulations or standards. Zomato may, at its sole and absolute discretion, suspend or terminate Merchant's access to the Premises if the Merchant is found non-compliant with the Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder from time to time.
Merchant warrants to procure and keep valid during the Event, all requisite licenses and/or registrations thereunder and provide copy of such licenses and/or registrations to Zomato prior to the Event Start Date.
The Merchant agrees to indemnify and hold Zomato (and its directors, officers, agents, representatives and employees) harmless from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with any claim or suit or demand:

by a Customer (or any party on whose behalf a Customer has been acting), for reasons not attributable to Zomato;
in respect of, arising out of, or in connection with the Services provided by the Merchant in the Event;
in respect of breach of terms of the Form read along with these Terms by the Merchant;
relating to harm caused by the Merchant supplying any unsafe services brought either by Zomato and/or third party on account of misuse, abuse, cheating, fraud, misrepresentation carried out by the Merchant or its employees, staff, agents and or contractors;
for any misleading or incorrect or false, information or data provided by the Merchant.

The Merchant acknowledges that Zomato will not be liable for any applicable taxes liability in respect of transactions by which the Merchant provides Services at the Event to the Customers and the Merchant hereby indemnifies Zomato against any applicable taxes it may become liable for arising out of such transactions.

Limitation of Liability: For the purposes of this clause, "Liability" means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with the Form read along with these Terms, including liability expressly provided for under theis Form read along with these Terms or arising by reason of the invalidity or unenforceability of any term of the Form or these Terms. Zomato does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Zomato shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. Although Zomato will use its best endeavours to ensure that the unintentional operational errors do not occur, Zomato cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Zomato's maximum aggregate liability for losses, damages and claims arising out of or in connection with this Form shall not exceed the total value of the INR 1000/- under which the claim arose.
Miscellaneous: Governing Law and Dispute Resolution: This Form shall be governed by the Laws of India, for the time being in force and the courts of New Delhi shall have the exclusive jurisdiction to preside over matters arising hereunder. Parties shall first endeavour to resolve their disputes amicably within fifteen (15) days from the date on which the dispute was first notified. Failing which, the dispute shall be referred to court.

Force Majeure: If performance of these Terms read along with Form is prevented, restricted or interfered with by reason of acts of God, war, revolution, civil commotion, acts of public enemy, embargo, epidemic, quarantine, acts of government (including state or local government) acting in their sovereign capacity, labor difficulties (including strikes, slowdowns, picketing or boycotts) and not involving any fault, misconduct or negligence of the Party affected (“Event of Force Majeure”), the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance. If the Event of Force Majeure makes the use of the Premises or any part thereof unfeasible for provision of Services of Merchant during the Event, then either Party shall be entitled to terminate these Terms read along with Form forthwith. In such case, Zomato shall only be liable to refund an amount upto the Net Payable Amount to the Merchant, proportionate to the duration for which the Force Majeure Event subsists.

Waiver: The failure of either Party to assert any of its rights under the Form, including, but not limited to, the right to terminate the Form in the event of breach or default by the other Party, will not be deemed to constitute a waiver by that party of its right thereafter to enforce each and every provision of the Form in accordance with these Terms. Invalidity or unenforceability of any provision of or right arising pursuant to these Terms shall not adversely affect the validity or enforceability of the remaining obligations or provisions.

No third party rights: No term of the Form read along with these Terms shall be enforceable by a third party.

No assignment: The Merchant must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Form or any right, benefit or interest under it, nor transfer, novate or sub-contract any of Merchant's obligations under the Form read along with these Terms.

Independent contractors: The Form does not create any agency, employment, partnership, joint venture, or other joint relationship. Zomato and the Merchant are independent contractors and neither has any authority to bind the other.

Change of control: The Merchant acknowledges that the business and assets of Zomato may be sold in the future and consents to the transfer or disclosure of its personal information and this Form to any purchaser of the business of Zomato or its assets if that outcome occurs.
Modification: Zomato may modify these Terms from time to time, and any such changes will (i) be reflected on the Platform, and (ii) be effective immediately upon the changes being reflected on the Zomato Platform. The Merchant agrees to be bound to any such changes or modifications and understands and accepts the importance of regularly reviewing these Terms as updated on the Platform.