Terms of Service
- "you", "your" and "yours" are references to you the person accessing the Mozzo Application/Software and ordering any Goods or Services using the Mozzo Application/Software or from any other channel provided by Mozzo;
- "Service" or "Services" is a reference to any service which may be supplied by Mozzo and which is available with the Mozzo Application and SOFTWARE.
- "Participating Multiplex/Movie theatre" is a third party, which has agreed to co-operate with Mozzo to prepare and/or deliver the Goods or Services.
- "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Multiplex/Movie theatres and for both of which our Participating Multiplex/Movie theatres take full responsibility
I - Services
- Mozzo is a Mobile based Application/ Software which enables USERS in placing orders of their favorite food at participating third party Multiplex/Movie theatres (each a “Multiplex/Movie theatre”) in response to a online request received from the USER.
- In response to an online request received from a USER, Mozzo shall notify the details of the order placed by the USER to the participating third party Multiplex/Movie theatre using its computerized retail system.
- On receiving confirmation of the acceptance of the order by the participating third party Multiplex/Movie theatre, Mozzo shall immediately notify the same via a push notification on the device of the USER. The Acceptance of the Order placed by the USER is subject to availability and delivery capacity of the participating third party Multiplex/Movie theatre. If the Participating Multiplex/Movie theatre fails to acknowledge the receipt of the order place by the USER within a period of minutes the same shall again be communicated to the USER Vide a push notification on his/her device.
- The Participating third party Multiplex/Movie theatre shall thereafter aim to meet their commitment and responsibility of complying with the order placed by the USER in a timely manner.
- The Contract entered into by the USER of the Mozzo Application/ Software is between him/her and the participating third party Multiplex/Movie theatre and Mozzo shall merely enable the USER to contact the participating Third Party Multiplex/Movie theatre for availing food and services provided by the Third Party Multiplex/Movie theatre.
II - PRICES
- All Price details listed on the page of the Mozzo Application/Software have been made available on inputs of Third Party Multiplex/Movie theatre and are correct at the time of publication. The same shall be altered without any notice, on information received from participating Third Party Multiplex/Movie theatres regarding variations and changes in their prices.
- It shall be an endeavor at Mozzo to keep itself updated to the changes and variations in prices of listed by Third Party Multiplex/Movie theatres. However the final price charged by the Third Party Multiplex/Movie theatre may change any time prior to delivery based on the latest menu and prices.
- The total price of the Food Delivery and services availed of including statutory taxes, delivery charges, service charges, etc shall be displayed prior to the USER finally assenting to placing his/her order and shall be further saved in the USER’S Mozzo Account for future reference.
- Mozzo shall be levying nominal service fees of 2.5 per cent on the total amount of order placed by the USER for the use of its Mozzo APPLICATION/SOFTWARE.
III - MODE OF PAYMENT
- The USER shall have the option of tendering payment in lieu of the food ordered and services availed from participating third party Multiplex/Movie theatres using Credit/Debit Cards / Net Banking, Paytm and Cash on delivery facility.
- If the USER chooses to make an online payment, the payment shall be made prior to the placing of the Food Order. To ensure that the same is secure, the USER’S debit card/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the online data base. The Credit Card/Debit Card Company may also conduct a security check to confirm that is the USER placing the order.
- In the event of the USER choosing to avail of the Cash on Delivery option, the payment shall be tendered directly to the Third Party Multiplex/Movie theatre at the time of Food Delivery or collection of the Food Parcel.
- If a USER availing the Cash on Delivery option fails to honor his commitment of making good the payment in lieu of the food ordered and services availed, participating third party Multiplex/Movie theatres shall be at the liberty to recover the same from the USER through legal channels.
- In the event of Mozzo being informed by participating Third Party Multiplex/Movie theatres of regular acts and omissions on the part of the USER as described in the aforementioned Clause 3.d Mozzo shall be at the liberty to terminate the account of the USER without any prior warning whatsoever.
IV - LIABILITY
- These terms of service apply to all users of the Mozzo Application/Software and service. By using the service you expressly acknowledge and agree that in no event shall Mozzo, its officers, directors, employees or agents be responsible for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CLAIMS or ANY OTHER LIABILITY arising from or related to “YOUR” use of the Mozzo application and software contrary to the agreed terms of conditions.
- Mozzo, its officers, directors, employees or agents shall not be responsible for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CLAIMS or ANY OTHER LIABILITY arising from or related to any act or omission on the part of the Third Party Multiplex/Movie theatre including any failure or delay on the part of the Third Party Multiplex/Movie theatre to deliver time bound services availed of by YOU through the Mozzo portal.
- In the event of the Third Party Multiplex/Movie theatre failing to meet its commitment and responsibility to prepare/or deliver food and services Mozzo shall withhold the transfer of payment with respect to YOUR order and the excess amount tendered by YOU shall be credited back to YOUR Mozzo account within a period of days from the date of placing the order on the Mozzo portal and the said credit can be availed of by the USER on a future date.
- In the event of any unreasoned failure on YOUR part to tender payment ( in the case of Cash on delivery option) to the Third Party Multiplex/Movie theatre after placing an order for the delivery or collection of food, Mozzo shall be at the liberty to terminate YOUR Account at its sole discretion without any warning whatsoever.
- Please note that it might not be possible for the third party participating Multiplex/Movie theatre to deliver at your seats during certain timings. In this case, the same shall on receipt of a communication from the participating Multiplex/Movie theatre will be informed to YOU Via a push notification on YOUR device and the order shall immediately stand cancelled.
- Mozzo as well as the Third Party Participating Multiplex/Movie theatre shall not be liable to YOU for any losses, liability, costs, damages, expenses of charges on account of delay in delivery of the food ordered or services availed of.
- Mozzo shall not be liable to YOU for any losses, liability, costs, damages, and expenses of charges on account of any deficiency in service on the part of the participating third party Multiplex/Movie theatre.
- It shall be a continuous endeavor at Mozzo to ensure that participating third party Multiplex/Movie theatres do not commit any default in meeting the its consumer commitments and Mozzo shall welcome any feedback provided by the USER on daily basis.
V - Disclaimer
All our SERVICES are distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by Mozzo as to their performance, reliability or suitability to any given task. In no event whatsoever shall Mozzo, its officers, directors, employees or agents be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CLAIMS or ANY OTHER LIABILITY such as financial, physical, emotional or other, which might arise from its use.
VI - Intellectual Property and Grant of Rights to User
- The materials and services provided for and depicted on the Mozzo Application are the properties of Sizzle Labs Pvt. Ltd and protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the Mozzo Application ("Mozzo Content") is provided to USER by Mozzo for the sole purpose of using the Services.
- The USER shall not copy, display, modify, create derivative works of, publish, or sell or divulge in any manner or cause to be used by unauthorized persons, the Mozzo Content or any information, software, or services provided by Mozzo.
- The Mozzo Content may be modified from time to time by in its sole discretion. Except as expressly set forth herein, no license or permission is granted to USER for any other purpose, and any other use of the Services or the Mozzo Content by the USER shall constitute a material breach of this Agreement. User acquires no license, right or interest in any trademarks of Mozzo or any third party under this Agreement.
VII - Cancellation/Refund Policy
- The USER must immediately directly notify the Third Party Participating Multiplex/Movie theatre in case of any cancellation of the order placed by quoting the order ID. If the same is accepted, Mozzo shall credit the account of the USER with the full amount tendered in lieu of the terminated transaction and the Mozzo CREDIT can be availed of by the USER when placing his next order.
- If the Participating third Party Multiplex/Movie theatre refuses cancellation, e.g. because preparation of food is complete or delivery personnel has already been dispatched, the order placed shall not be cancelled and Mozzo shall not be in a position to provide any refund whatsoever.
- In the unlikely event that the third Party Multiplex/Movie theatre delivers a wrong item or does not deliver the entire food items for which due payment has been tendered by the USER, the USER has a right to reject the Order. The same shall then be communicated to the Mozzo helpline and Mozzo shall withhold the transfer of payment to the Third Party Multiplex/Movie theatre and refund the entire amount by crediting the USER’S Mozzo Credit Points within a period of days from the date of inability on the part of third party Multiplex/Movie theatre to deliver the correct order.
VIII - Severability
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
- No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by the USER, but may be so transferred, assigned or delegated by Mozzo.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
This Agreement is made under and shall be governed by law of India and shall be interpreted in accordance with the law of India as if made by two competent ordinary residents of India and all disputes/claims shall be settled by binding arbitration as per the Arbitration & Conciliation Act, 1996, within the jurisdiction of Uttar Pradesh.