Terms of Service
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”) and Zap Innovations Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in Bihar, India (“QueZap”, “we”, “us”, “our”), governing your access to and use of the QueZap website at quezap.in, mobile applications, sub-domains, and related services (collectively, the “Platform”). Please read these Terms carefully before using the Platform.
1. Acceptance of terms
By accessing, browsing, or using the Platform, or by creating an account, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any additional policies, guidelines, or rules referenced herein. If you do not agree to these Terms, you must not access or use the Platform.
These Terms constitute an “electronic record” in terms of the Information Technology Act, 2000 and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signature.
2. Definitions
- “Café Partner” means any food-service establishment, café, or restaurant listed on the Platform that has entered into a separate partner agreement with QueZap.
- “Order” means a request by a User to purchase one or more items from a Café Partner via the Platform for pickup at a scheduled time.
- “Services” means the technology platform, mobile and web applications, and related services made available by QueZap to facilitate pre-orders and pickup transactions between Users and Café Partners.
- “User Content” means any reviews, ratings, comments, photographs, or other materials submitted by Users on the Platform.
3. Eligibility
To use the Platform, you must (i) be at least eighteen (18) years of age, (ii) be capable of entering into a legally binding contract under the Indian Contract Act, 1872, and (iii) not be a person barred from entering into contracts under any applicable law. By using the Platform, you represent and warrant that you meet these requirements.
4. Account & security
You must register an account to place Orders. You agree to provide accurate, current, and complete information during registration and to update such information promptly when it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to notify us immediately at support@quezap.in upon any unauthorised use of your account or any breach of security. QueZap shall not be liable for any loss arising from your failure to comply with this obligation.
5. Use of the platform
QueZap operates as an intermediary technology platform that facilitates Orders between Users and Café Partners. QueZap does not itself prepare, cook, sell, or supply any food items. The contract for the sale of food items is concluded directly between the User and the relevant Café Partner. QueZap is not a party to that contract and shall not be liable for any defect, deficiency, or breach in the food or service provided by a Café Partner, save as expressly provided herein.
6. Pre-orders & pickup
Orders placed via the Platform are pre-orders to be collected by you (or your authorised agent) from the Café Partner's location at the scheduled pickup time. Estimated preparation times displayed on the Platform are indicative and may vary based on operational conditions at the Café Partner's premises.
You are responsible for collecting your Order at the scheduled time. Café Partners may, at their discretion, hold Orders for a reasonable period (typically 30 minutes) past the scheduled pickup time. Orders not collected within the holding period may be marked as “no-show”, in which case no refund shall be payable, except as expressly provided in Clause 8.
Acceptance of an Order is at the sole discretion of the Café Partner. QueZap reserves the right to refuse, cancel, or modify Orders in cases of suspected fraud, technical error, pricing error, or unavailability of items.
7. Pricing & payment
Prices displayed on the Platform are inclusive of applicable taxes unless otherwise indicated. Prices are set by the relevant Café Partner and may change without prior notice. The price applicable to your Order is the price displayed at the time you place the Order.
Payment for Orders may be made through the integrated payment gateway (Razorpay or any other gateway as we may engage), or by cash at the Café Partner's location, where the cash-on-pickup option is offered. By initiating a payment, you authorise QueZap and its payment processors to charge the corresponding amount to your selected payment instrument.
QueZap may, at its discretion, offer promotional discounts, coupon codes, loyalty points (“QuePoints”), or wallet credits. The use of such promotions is subject to additional terms communicated at the time of the offer. QueZap reserves the right to modify, suspend, or terminate any promotional programme at any time.
8. Cancellation & refunds
8.1 Cancellation by User
You may cancel an Order before the Café Partner has commenced preparation. Once preparation has begun, cancellation is at the sole discretion of the Café Partner. In case of cancellation prior to preparation, the full amount paid will be refunded to your original payment instrument or wallet within five (5) to seven (7) business days.
8.2 Cancellation by Café Partner or QueZap
If a Café Partner is unable to fulfil an Order due to unavailability of items, force majeure, or any operational reason, the Order may be cancelled and a full refund will be issued. QueZap reserves the right to cancel Orders in cases of suspected fraud, payment failure, or system error.
8.3 Refunds for defective or undelivered items
If an Order is not collected because the Café Partner failed to prepare the items, or if items collected were materially defective, you may request a refund within twenty-four (24) hours of the scheduled pickup time by contacting support@quezap.in. Refund decisions will be made in QueZap's reasonable discretion after investigation.
9. Café partners
Café Partners are independent contractors and are not employees, agents, or franchisees of QueZap. Each Café Partner is solely responsible for: (i) the quality, safety, and conformity of the food items; (ii) compliance with applicable food-safety, hygiene, and licensing laws including the Food Safety and Standards Act, 2006; (iii) accurate menu descriptions, pricing, and item availability; and (iv) any tax liability arising from sales.
Café Partners are required to maintain valid FSSAI registration and to provide such documentation to QueZap upon onboarding. QueZap performs reasonable verification of such credentials but does not guarantee continued compliance.
10. Prohibited conduct
You agree not to:
- Use the Platform for any unlawful, fraudulent, harmful, or abusive purpose.
- Impersonate any person or misrepresent your affiliation with any person or entity.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
- Use any robot, scraper, spider, or automated means to access, collect, or monitor any portion of the Platform without our prior written consent.
- Interfere with or disrupt the operation of the Platform, including by introducing viruses, worms, malware, or other malicious code.
- Attempt to gain unauthorised access to any User account, server, system, or network associated with the Platform.
- Submit false, misleading, defamatory, obscene, or unlawful content as User Content.
- Engage in any conduct that, in the sole judgment of QueZap, may damage the reputation, operations, or interests of QueZap, its Café Partners, or other Users.
11. Intellectual property
All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, source code, and design elements, is the exclusive property of QueZap or its licensors and is protected by Indian and international copyright, trademark, and other intellectual-property laws. The trademarks “QueZap”, the QueZap logo, and any associated marks are the property of Zap Innovations Private Limited.
Subject to your compliance with these Terms, QueZap grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial purposes. No other right, title, or interest is granted to you.
12. User content
By submitting User Content on the Platform (such as reviews, ratings, comments, or photographs), you grant QueZap a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content on the Platform and in connection with our marketing activities.
You represent and warrant that your User Content (i) is your original creation or you otherwise have all necessary rights to grant the foregoing licence; (ii) does not infringe any intellectual-property right, privacy right, or other right of any third party; and (iii) complies with these Terms and applicable law. QueZap reserves the right to remove or modify any User Content at its sole discretion.
13. Disclaimers
THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QUEZAP DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED VIA THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT.
QUEZAP MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF FOOD ITEMS SUPPLIED BY CAFÉ PARTNERS. THE RELATIONSHIP BETWEEN YOU AND ANY CAFÉ PARTNER IS A DIRECT CONTRACTUAL RELATIONSHIP, AND QUEZAP IS NOT A PARTY THERETO.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUEZAP, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF QUEZAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF QUEZAP ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO QUEZAP IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR INDIAN RUPEES ONE THOUSAND (₹1,000), WHICHEVER IS HIGHER.
15. Indemnification
You agree to indemnify, defend, and hold harmless QueZap, its directors, officers, employees, agents, and affiliates from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or relating to: (i) your access to or use of the Platform; (ii) your breach of these Terms or any applicable law; (iii) your User Content; or (iv) your infringement of any right of any third party.
16. Termination
QueZap may, at its sole discretion and without prior notice, suspend or terminate your access to the Platform (in whole or in part) at any time, including for breach of these Terms, suspected fraud, prolonged inactivity, or for any other reason it deems appropriate. You may terminate your account at any time by contacting support@quezap.in.
Upon termination, your right to use the Platform shall cease immediately. The provisions of these Terms which by their nature are intended to survive termination (including without limitation Clauses 11, 13, 14, 15, 17, and 18) shall so survive.
17. Governing law & jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict-of-laws principles. Subject to Clause 18, the courts at Jamui, Bihar shall have exclusive jurisdiction to entertain any dispute arising out of or in connection with these Terms.
18. Dispute resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform (a “Dispute”), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiations within thirty (30) days from the date written notice of the Dispute is delivered.
If the Dispute is not resolved within the said thirty-day period, the Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by QueZap. The seat and venue of arbitration shall be Jamui, Bihar. The language of arbitration shall be English. The award rendered shall be final and binding on the parties.
19. General provisions
19.1 Modifications
QueZap reserves the right to modify these Terms at any time. Changes shall be effective upon posting the revised Terms on the Platform. Your continued use of the Platform after the effective date of any revision constitutes your acceptance of the revised Terms.
19.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to render it enforceable.
19.3 No waiver
The failure of QueZap to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
19.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of QueZap. QueZap may assign its rights and obligations under these Terms without restriction.
19.5 Entire agreement
These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and QueZap with respect to the subject matter hereof and supersede all prior or contemporaneous understandings.
19.6 Force majeure
QueZap shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, fire, flood, earthquake, pandemic, governmental action, labour disputes, or failure of public utilities.
20. Contact
For any questions, concerns, or notices regarding these Terms, please contact us at:
Email: support@quezap.in
Website: quezap.in
Registered Office: Bihar, India