Terms of Service
ZENGORA TERMS AND CONDITIONS OF SERVICE
Welcome to Zengora.com website and our applications (each our "Website"). This page (together with the documents referred to on it) tells you the terms and conditions regarding your use of our website and on which our partner restaurants supply any of their meals (the "Meals") listed on our Website to you (together, the "Service"). Please read these terms and conditions carefully before using the Service, including but not limited to ordering any Meals from our Website. By accessing the Service, you agree to be bound by these terms and conditions and our terms of use policy.
If you have any questions relating to these terms and conditions please contact support@zengora.com before you place an order. If you do not accept these terms and conditions in full please do not use the Service.
1. INFORMATION ABOUT US
Zengora.com is a website operated by Qwik Technologies Pte. Ltd. ("we" or "us" or "Zengora"), Company Registration: 201717271E, whose registered office is at 60 Racecourse Road, Singapore. Zengora is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by us.
2. PURPOSE
The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Restaurant and menu of their choice and allowing you to order Meals from them. Zengora markets Meals on behalf of our Partner Restaurants, concludes orders on their behalf and delivers the Meals to you.
3. SERVICE AVAILABILITY
Zengora offers an ordering and delivery service from our Partner Restaurants in Ulaan Bataar, Mongolia. Each Partner Restaurant has a prescribed delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a Partner Restaurant. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.
4. ORDERS
When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the Partner Restaurant (the "Confirmation Email") will be sent to you by us on behalf of the Partner Restaurant. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order.
Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal.
Zengora seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals by emailing or calling us.
5. MEALS
All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. Zengora does not guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
Zengora does not prepare or take responsibility for any products prepared and packaged by our Partner Restaurants. All due care and responsibility is taken by Zengora to deliver the food quickly to you, however Zengora takes no responsibility for the quality or freshness of a Partner Restaurant product.
6. SALE OF ALCOHOL
Persons placing an order for alcohol from our Partner Restaurants must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. Zengora operates the policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you expressly represent and warrant that you are at least 18 years of age and will provide bona fide identification showing that you are at least 18 years of age. Zengora reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. Zengora also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
7. AVAILABILITY AND DELIVERY
Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.
8. CANCELLATION
You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Restaurant will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order"). Customers can cancel an order by contacting the Partner Restaurant. Zengora and the Partner Restaurant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Zengora or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. Zengora alone will determine whether an order is a Started Order or not.
9. PRICE AND PAYMENT
The price of any Meals will be listed on our Website. Prices include GST. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Website may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by credit or debit card through our Website. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Zengora and is subsequently passed on by Zengora to the Partner Restaurant. We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Restaurant.
10. OUR LIABILITY
To the maximum extent permitted by law, Zengora provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. To the maximum extent permitted by law and subject as provided below, Zengora and any Partner Restaurant expressly disclaim all warranties and conditions with regard to any portion of our Service, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and all responsibility for any loss, injury, claim, liability or damage of any kind, including resulting from, arising out of or any way related to:
· any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors;
· any third party contents therein directly or indirectly accessed through links in the Website, including but not limited to any errors or omissions;
· the unavailability of the Service, or any portion; or
· computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party content; or
· our supply of Meals as a Service to you in accordance with this agreement.
To the maximum extent permitted by law, neither Zengora nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use our Service. To the extent the foregoing limitation of liability is prohibited or despite the limitation above, in the event that Zengora or the Partner Restaurant is found to be liable to you, our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:
in the case of products:
· the replacement of the products or the supply or equivalent products; or
· the payment of the cost of replacing the products or acquiring equivalent products;
in the case of services:
· the supply of the services again; or
· the payment of the cost of having the services supplied again.
11. EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse you from any payment obligations under this Agreement.
12. WAIVER
Neither you, Zengora nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
13. SEVERABILITY
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
14. ENTIRE AGREEMENT
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
Zengora may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
16. LAW AND JURISDICTION
The Mongolian courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Republic of Mongolia.
17. VOUCHERS
Unless otherwise stated,
· Vouchers are only applicable to food orders, excluding delivery fees
· Valid only for online payment
· Zengora reserves the right to cancel orders and accounts if fraud activities are detected
· Zengora reserves the right to stop this voucher to be used on certain restaurants without prior notice
· Individual restaurants terms & conditions apply