Terms and Conditions
A. Introduction
Welcome to Train Zakia! We appreciate your choice to use our services, which are provided by Train Zakia Web Services Private Limited, a company registered under the Indian Companies Act. We are committed to transparent and ethical business practices and kindly request all our website visitors and users to carefully read the following terms and conditions.
By placing an order for any product or service on this website, its mobile applications, or through our call center, you agree to abide by these terms and conditions. Please note that our services cover a wide range, and additional terms or specific service requirements may apply to certain services, as outlined in the relevant sections.
B. Definitions
1. We or Train Zakia: Refers to Train Zakia Web Services Private Limited, unless otherwise stated.
2. Agreement: Comprises these Terms and Conditions, the Privacy Policy, any order forms, and payment instructions provided to you.
3. Website: Refers to our website, http://TrainZakia.com, where we offer products and services.
4. Service or Services: Denotes any service supplied by us and requested through our website.
5. Restaurant, Outlet, or Outlets: Refers to the restaurants and restaurant owners responsible for preparing and/or delivering the products or services ordered on this website.
6. Privacy Policy: Describes the policy displayed on our website concerning the collection and storage of your personal data.
7. Customer, you, your, yours, users: Pertains to individuals accessing this website, placing orders for products or services, or utilizing any channels provided by Train Zakia.
8. We, us, our, Train Zakia: Refers to Train Zakia Web Services Private Limited, the company providing these services.
9. Product: Encompasses any goods offered for sale on our website.
10. Food Delivery: Refers to perishable goods and delivery services provided by the chosen restaurants.
C. Our Role
1. Train Zakia serves as an intermediary connecting customers with restaurants that offer food delivery at various locations.
2. We operate a call center, and we encourage customers to call us to provide feedback, resolve issues, report discrepancies in received items, or request order modifications or cancellations.
3. Train Zakia may communicate with customers through various methods, including but not limited to SMS, emails, or printed media, to collect feedback and address concerns.
4. Most areas of our website are open to all users, and you can access certain sections without registering or placing orders.
5. By accessing any part of our website, you agree to accept these Website Terms and Conditions. If you disagree with these terms, you should leave the website immediately.
6. Train Zakia reserves the right to revise these terms and conditions without prior notice. Your continued use of this website implies your acceptance of the most current version of these terms and conditions.
7. Visitors are responsible for making the necessary arrangements to access the website and ensuring that anyone accessing the website through their internet connection is aware of and complies with these terms and conditions.
D. Order Booking and Processing
1. All orders placed on this website or through our call center represent a contract for the supply of food delivery between the customer and the restaurant.
2. Customers are responsible for verifying the accuracy of the information provided when placing orders. Once the "Book Order" button is clicked, an order ID is generated, and input errors cannot be corrected.
3. If you decide not to proceed with your order before clicking the "Book Order" button, you should close the application window.
4. For "Cash on Delivery" (COD) orders, Train Zakia will begin processing the order upon the "Book Order" button's selection and send an SMS notification. For online payments, Train Zakia will start processing the order after receiving payment, sending SMS and email confirmations. You must inform us immediately if any details are incorrect. An automatic confirmation does not guarantee that your order can be fulfilled.
5. In case of unauthorized online payment, Train Zakia is not obligated to provide services.
6. Orders can be canceled based on our cancellation policy, as described below.
7. Note that there may be delays in processing payments, which can take up to 60 days to be deducted from your bank account.
E. Price and Payments
1. Prices for items on the website are inclusive of taxes and delivery charges unless otherwise specified.
2. While we make every effort to ensure accurate pricing, errors may occur due to the extensive item list. In such cases, Train Zakia will contact the customer to rectify the error and request the actual payment.
3. Payments can be made via credit or debit card or in cash upon delivery.
4. Online payments must be completed before delivery. Debit/credit card details are encrypted to protect data transmission security. The customer's credit card company may conduct security checks to verify the user's identity.
5. Promotional offers on our website may include discounts through promotional codes that can be applied during order placement.
F. Delivery
1. The restaurant is responsible for delivering the ordered food items on time, ensuring proper packaging and hygiene.
2. While we coordinate deliveries with the restaurants, customers are encouraged to promptly report any issues or non-deliveries so that we can arrange for the next available station.
3. In case of unavailability during delivery or failure to provide updated coach and seat numbers (only in W/L or RAC situations), the order is considered delivered, and any associated costs become the customer's responsibility.
4. Restaurants aim to deliver the exact order within the chosen station's stoppage time.
5. Train Zakia and the restaurants are not liable for any losses, liabilities, costs, damages, charges, or expenses resulting from late delivery.
G. Cancellation Policy
1. Customers can cancel orders up to 2 hours before the scheduled delivery time, which falls between 9 am and 9 pm on working days.
2. Bulk/group orders have a cancellation deadline 12 hours before the scheduled delivery time or 6 pm on the previous day, whichever comes first.
3. Cancellation requests should preferably come from the mobile numbers used for order bookings or registered customer user IDs. If access to both tools is not possible, the customer's identity will be verified through basic questions.
4. Any changes to an order result in the cancellation of the original order, and a new order ID is generated.
5. No-show at the time of delivery is treated as a cancellation after the 2-hour cutoff time, with no refund.
6. Customers receive SMS notifications in the event of order cancellations. If no SMS is received, customers can call our helpline at 801080 2222 for confirmation.
H. Refund on Cancellations For pre-paid orders, refunds are processed as follows:
1. Orders canceled at least 24 hours before the scheduled delivery time are eligible for a 100% refund.
2. Orders canceled between 24 hours and 2 hours before the scheduled delivery time are refunded the full amount after deducting a 10% cancellation charge.
3. No refunds are provided for orders canceled after the 2-hour cutoff time.
4. No-shows at the time of delivery are treated as cancellations after the 2-hour cutoff time, with no refund.
5. Refunds for orders booked through the website are processed to the same account used for order booking.
6. For orders booked through authorized agents, refunds are available only through the same agent.
I. User License
1. Users are granted permission to temporarily download one copy of the materials from our website for personal, non-commercial viewing.
2. This license does not allow: a) Modification or copying of materials b) Use of materials for commercial purposes c) Attempting to decompile or reverse-engineer any software d) Removal of copyright or proprietary notations from materials e) Transfer of materials to another person or "mirroring" on another server.
3. This license will terminate automatically upon violation of the restrictions and may be terminated by Train Zakia at any time.
4. Any rights not expressly granted in these terms are reserved.
J. Links to Our Website Creating a link to any page of our websites requires our prior written consent. Any links created are at your own risk, and the exclusions and limitations set out in these Website Terms and Conditions apply to your use of the website by linking to it.
K. Links from Our Website Links to third-party websites on our website are provided for convenience. We do not review or monitor the content of these third-party websites and do not accept responsibility for their content or privacy practices.
L. Service Access
1. We strive to make this website available 24/7 but do not guarantee its continuous availability.
2. Access to the website may be temporarily suspended without notice.
3. We make reasonable efforts to protect your data, but we cannot guarantee the security of transmitted data, and any transmission is at your own risk.
M. Visitor Material and Conduct
1. Material transmitted or posted on the website (excluding personally identifiable information) is considered non-confidential and non-proprietary. Train Zakia and designated parties have the right to copy, disclose, distribute, and use such material.
2. Users are prohibited from posting material that: a) Violates local, national, or international laws b) Is unlawful or fraudulent c) Constitutes unauthorized advertising d) Contains viruses or harmful programs
3. Misuse of the website, including hacking, is not allowed.
4. Submitted comments or feedback must not: a) Promote illegal activity or invade privacy b) Infringe intellectual property rights c) Contain defamatory, obscene, or offensive material d) Promote violence or discrimination e) Be used for impersonation or misrepresentation f) Breach legal duties to third parties g) Imply origin from us.
5. Violators will be responsible for costs and damages incurred by Train Zakia as a result of breaching these restrictions.
6. Train Zakia will cooperate with law enforcement or court orders regarding the disclosure of the identity or location of anyone posting prohibited material.
N. Disclaimer
1. We aim to provide accurate information on this website, but it may not always be complete or up-to-date. Train Zakia reserves the right to change material on the website at any time without notice.
2. While Train Zakia makes efforts to prevent Internet fraud and secure data, Train Zakia is not liable for breaches in our secure computer servers or third-party servers.
3. Services and products are intended for personal, domestic, and consumer use. Train Zakia disclaims liability for indirect or consequential loss, loss of data, income, profits, goodwill, property damage, or third-party claims resulting from the use of the website or services.
4. Users are responsible for password security. Train Zakia is not liable for unauthorized transactions using your name and password, except in cases of negligence.
O. Liability
1. Train Zakia and related parties exclude liability for any loss or damage, including direct, indirect, punitive, or consequential loss or damages, loss of income, profits, data, contracts, business interruption, opportunity, or wasted office time, resulting from the use of services, the website, or material linked to the website.
2. Train Zakia is responsible for website content and order communication but not for the quality of food and beverages ordered. Any warranties related to the quality of ordered items are disclaimed by Train Zakia. These disclaimers do not affect statutory rights.
3. Nothing in these terms excludes Train Zakia's liability for death, personal injury, or fraudulent misrepresentation. Except for the mentioned liability, Train Zakia's total liability to you for website and service use, including breaches of these terms, is limited to twice the order's value or INR 5,000, whichever is lower.
4. Train Zakia does not accept responsibility for any loss or damage due to the disclosure of personal information to third parties unless Train Zakia negligently discloses the information.
P. Governing Law
1. These terms are governed by Indian law. New Delhi courts have exclusive jurisdiction in disputes arising from these terms.
Q. Alternate Dispute Resolution
1. Disputes under these terms will first be negotiated between the parties. If no agreement is reached, disputes will be referred to arbitration in New Delhi. Arbitration will be conducted under the Arbitration & Conciliation Act 1996.
2. The language in arbitration proceedings and the daily transcript will be in English.
3. The arbitrator may award the prevailing party its costs and expenses. Parties must continue to fulfill their obligations under this agreement pending dispute resolution.
R. Additional Terms
1. Personal data collected from users will be processed in accordance with the Privacy Policy.
2. If a provision or part of a provision of these terms is found to be unlawful, invalid, or unenforceable, it will be struck out, and the remainder will remain in effect.
3. Failure to enforce a provision or delay in doing so does not waive rights or remedies.
4. Transfer of rights or obligations under these terms requires Train Zakia's written consent. Train Zakia may transfer rights or obligations without consent.
5. Headings in these terms are for convenience and do not affect interpretation.
S. Force Majeure
1. Train Zakia is not liable for failure to perform or delay due to events beyond reasonable control (Force Majeure Event).
2. A Force Majeure Event includes acts, events, or circumstances beyond Train Zakia's reasonable control.
3. Our obligations under a contract are suspended for the duration of the Force Majeure Event. Train Zakia will make reasonable efforts to resolve the Force Majeure Event.
Please note that the provided Terms & Conditions are based on the text you provided, and I have reorganized and rewritten them for clarity and consistency. It's essential to review them with legal counsel to ensure they comply with all relevant laws and regulations.
