Terms of Service
Last updated on April 17, 2022
I. Acceptance of terms
Thank you for using Messzz. These Terms of Service (the "Terms") are intended to
make you aware of your legal rights and responsibilities with respect to your access to
and use of the Messzz website at www.Messzz.com (the "Site") and any related mobile
or software applications ("Messzz Platform") including but not limited to delivery of
information via the website whether existing now or in the future that link to the Terms
(collectively, the "Services").
These Terms are effective for all existing and future Messzz customers, including
but without limitation to users having access to 'mess business page' to manage
their claimed business listings.
Please read these Terms carefully. By accessing or using the Messzz Platform, you are
agreeing to these Terms and concluding a legally binding contract with Messzz Limited
(formerly known as Messzz Private Limited and Messzz Media Private Limited) and/or
its affiliates (excluding Messzz Foods Private Limited) (hereinafter collectively referred
to as "Messzz"). You may not use the Services if you do not accept the Terms or are
unable to be bound by the Terms. Your use of the Messzz Platform is at your own risk,
including the risk that you might be exposed to content that is objectionable, or
otherwise inappropriate.
You automatically agree to these terms by making an account on the platform.
II. Definitions
Customer
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer
is someone who accesses or uses the Services for the purpose of sharing, displaying,
hosting, publishing, transacting, or uploading information or views or pictures and
includes other persons jointly participating in using the Services including without
limitation a user having access to 'mess business page' to manage claimed business
listings or otherwise.
Content
"Content" will include (but is not limited to) reviews, images, photos, audio, video,
location data, nearby places, and all other forms of information or data. "Your content"
or "Customer Content" means content that you upload, share or transmit to, through or
in connection with the Services, such as likes, ratings, reviews, images, photos,
messages, chat communication, profile information, or any other materials that you
publicly display or displayed in your account profile. "Messzz Content" means content
that Messzz creates and make available in connection with the Services including, but
not limited to, visual interfaces, interactive features, graphics, design, compilation,
computer code, products, software, aggregate ratings, reports and other usage-related
data in connection with activities associated with your account and all other elements
and components of the Services excluding Your Content and Third Party Content.
"Third Party Content" means content that comes from parties other than Messzz or its
Customers and is available on the Services.
Mess(es)
"Mess" means the messes listed on Messzz Platform.
III. Eligibility to use the services
1. You hereby represent and warrant that you are at least eighteen (18) years of
age or above and are fully able and competent to understand and agree the
terms, conditions, obligations, affirmations, representations, and warranties set
forth in these Terms.
2. Compliance with Laws. You are in compliance with all laws and regulations in the
country in which you live when you access and use the Services. You agree to
use the Services only in compliance with these Terms and applicable law, and in
a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the terms
Messzz may vary or amend or change or update these Terms, from time to time entirely
at its own discretion. You shall be responsible for checking these Terms from time to
time and ensure continued compliance with these Terms. Your use of Messzz Platform
after any such amendment or change in the Terms shall be deemed as your express
acceptance to such amended/changed terms and you also agree to be bound by such
changed/amended Terms.
V. Translation of the terms
Messzz may provide a translation of the English version of the Terms into other
languages. You understand and agree that any translation of the Terms into other
languages is only for your convenience and that the English version shall govern the
terms of your relationship with Messzz. Furthermore, if there are any inconsistencies
between the English version of the Terms and its translated version, the English version
of the Terms shall prevail over others.
VI. Provision of the services being offered by Messzz
1. Messzz is constantly evolving in order to provide the best possible experience
and information to its Customers. You acknowledge and agree that the form and
nature of the Services which Messzz provides, may require affecting certain
changes in it, therefore, Messzz reserves the right to suspend/cancel, or
discontinue any or all products or services at any time without notice, make
modifications and alterations in any or all of its contents, products and services
contained on the site without any prior notice.
2. We, the software, or the software application store that makes the software
available for download may include functionality to automatically check for
updates or upgrades to the software. Unless your device, its settings, or
computer software does not permit transmission or use of upgrades or updates,
you agree that we, or the applicable software or software application store, may
provide notice to you of the availability of such upgrades or updates and
automatically push such upgrade or update to your device or computer from
time-to-time. You may be required to install certain upgrades or updates to the
software in order to continue to access or use the Services, or portions thereof
(including upgrades or updates designed to correct issues with the Services).
Any updates or upgrades provided to you by us under the Terms shall be
considered part of the Services.
3. You acknowledge and agree that if Messzz disables access to your account, you
may be prevented from accessing the Services, your account details or any files
or other content, which is contained in your account.
4. You acknowledge and agree that while Messzz may not currently have set a
fixed upper limit on the number of transmissions you may send or receive
through the Services, Messzz may set such fixed upper limits at any time, at
Messzz's discretion.
5. In our effort to continuously improve the Messzz Platform and Services, we
undertake research and conduct experiments from time to time on various
aspects of the Services and offerings, including our apps, websites, user
interface and promotional campaigns. As a result of which, some Customers may
experience features differently than others at any given time. This is for making
the Messzz Platform better, more convenient and easy to use, improving
Customer experience, enhancing the safety and security of our services and
offerings and developing new services and features.
6. By using Messzz's Services you agree to the following disclaimers:
o The Content on these Services is for informational purposes only. Messzz
disclaims any liability for any information that may have become outdated
since the last time the particular piece of information was updated. Messzz
reserves the right to make changes and corrections to any part of the
Content on these Services at any time without prior notice. Messzz does
not guarantee the quality of the Goods, the prices listed in menus or the
availability of all menu items at any Mess/Merchant. Unless stated
otherwise, all pictures and information contained on these Services are
believed to be owned by or licensed to Messzz. Please email a takedown
request (by using the "Contact Us" link on the home page) to the
webmaster if you are the copyright owner of any Content on these
Services and you think the use of the above material violates Your
copyright in any way. Please indicate the exact URL of the webpage in
your request. All images shown here have been digitized by Messzz. No
other party is authorized to reproduce or republish these digital versions in
any format whatsoever without the prior written permission of Messzz.
o Any certification, licenses or permits ("Certification") or information in
regard to such Certification that may be displayed on the Mess's listing
page on the Messzz Platform is for informational purposes only. Such
Certification is displayed by Messzz on an 'as available' basis that is
provided to Messzz by the Mess partner(s)/Merchant(s). Messzz does not
make any warranties about the validity, authenticity, reliability and
accuracy of such Certification or any information displayed in this regard.
Any reliance by a Customer upon the Certification or information thereto
shall be strictly at such Customer's own risk and Messzz in no manner
shall assume any liability whatsoever for any losses or damages in
connection with the use of this information or for any inaccuracy, invalidity
or discrepancy in the Certification or non-compliance of any applicable
local laws or regulations by the Mess partner/Merchant.
7. Messzz reserves the right to charge a subscription and/or membership and/or a
convenience fee from a Customer, by giving reasonable prior notice, in respect of
any product, service or any other aspect of the Messzz Platform anytime in
future.
8. Messzz may from time to time introduce referral and/or incentive based programs
for its Customers (Program). These Program(s) may be governed by their
respective terms and conditions. By participating in the Program, Customers are
bound by the Program terms and conditions as well as the Messzz Platform
terms. Further, Messzz reserves the right to terminate / suspend the Customer's
account and/or credits / points earned and/or participation of the Customer in the
Program if Messzz determines in its sole discretion that the Customer has
violated the rules of the Program and/or has been involved in activities that are in
contravention of the Program terms and/or Messzz Platform terms or has
engaged in activities which are fraudulent / unlawful in nature. Furthermore,
Messzz reserves the right to modify, cancel and discontinue its Program without
notice to the Customer.
VII. Use of services by you or Customer
1. Messzz Customer Account Including 'Claim Your Business Listing'
Access
a. You must create an account in order to use some of the features offered by the
Services, including without limitation to 'claim your business listing' on the Services. Use
of any personal information you provide to us during the account creation process is
governed by our Privacy Policy. You must keep your password confidential and you are
solely responsible for maintaining the confidentiality and security of your account, all
changes and updates submitted through your account, and all activities that occur in
connection with your account.
b. You may also be able to register to use the Services by logging into your account
with your credentials from certain third party social networking sites (e.g., Facebook).
You confirm that you are the owner of any such social media account and that you are
entitled to disclose your social media login information to us. You authorize us to collect
your authentication information, and other information that may be available on or
through your social media account consistent with your applicable settings and
instructions.
c. In creating an account and/or claiming your business' listing, you represent to us that
all information provided to us in such process is true, accurate and correct, and that you
will update your information as and when necessary in order to keep it accurate. If you
are creating an account or claiming a business listing, then you represent to us that you
are the owner or authorized agent of such business. You may not impersonate
someone else, create or use an account for anyone other than yourself, provide an
email address other than your own, create multiple accounts or business listings except
as otherwise authorized by us, or provide or use false information to obtain access to a
business' listing on the Services that you are not legally entitled to claim. You
acknowledge that any false claiming of a business listing may cause Messzz or third
parties to incur substantial economic damages and losses for which you may be held
liable and accountable.
d. You are also responsible for all activities that occur in your account. You agree to
notify us immediately of any unauthorized use of your account in order to enable us to
take necessary corrective action. You also agree that you will not allow any third party
to use your Messzz account for any purpose and that you will be liable for such
unauthorized access.
e. By creating an account, you agree to receive certain communications in connection
with Messzz Platform or Services. For example, you might receive comments from other
Customers or other Customers may follow the activity to do on your account. You can
opt-out or manage your preferences regarding non-essential communications through
account settings.
2. Others Terms
a. In order to connect you to certain messs, we provide value added telephony services
through our phone lines, which are displayed on the specific mess listing page on the
Messzz Platform, which connect directly to messs' phone lines. We record all
information regarding this call including the voice recording of the conversation between
you, and the mess (for internal billing tracking purposes and customer service
improvement at the mess's end). If you do not wish that your information be recorded in
such a manner, please do not use the telephone services provided by Messzz. You
explicitly agree and permit Messzz to record all this information when you avail the
telephony services through the Messzz provided phone lines on the Messzz Platform.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms
and (b) any applicable law, regulation or generally accepted practices or guidelines in
the relevant jurisdictions.
c. You agree to use the data owned by Messzz (as available on the Services or through
any other means like API etc.) only for personal use/purposes and not for any
commercial use (other than in accordance with 'Claim Your Business Listing' access)
unless agreed to by/with Messzz in writing.
d. You agree not to access (or attempt to access) any of the Services by any means
other than the interface that is provided by Messzz, unless you have been specifically
allowed to do so, by way of a separate agreement with Messzz. You specifically agree
not to access (or attempt to access) any of the Services through any automated means
(including use of scripts or web crawlers) and shall ensure that you comply with the
instructions set out in any robots.txt file present on the Services.
e. You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services). You shall
not delete or revise any material or information posted by any other Customer(s), shall
not engage in spamming, including but not limited to any form of emailing, posting or
messaging that is unsolicited.
VIII. Content
1. Ownership of Messzz Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We
also exclusively own the copyrights, trademarks, service marks, logos, trade names,
trade dress and other intellectual and proprietary rights throughout the world (the "IP
Rights") associated with the Services and Messzz Content, which may be protected by
copyright, patent, trademark and other applicable intellectual property and proprietary
rights and laws. You acknowledge that the Services contain original works and have
been developed, compiled, prepared, revised, selected, and arranged by us and others
through the application of methods and standards of judgment developed and applied
through the expenditure of substantial time, effort, and money and constitutes valuable
intellectual property of us and such others. You further acknowledge that the Services
may contain information which is designated as confidential by Messzz and that you
shall not disclose such information without Messzz's prior written consent.
b. You agree to protect Messzz's proprietary rights and the proprietary rights of all
others having rights in the Services during and after the term of this agreement and to
comply with all reasonable written requests made by us or our suppliers and licensors of
content or otherwise to protect their and others' contractual, statutory, and common law
rights in the Services. You acknowledge and agree that Messzz (or Messzz's licensors)
own all legal right, title and interest in and to the Services, including any IP Rights which
subsist in the Services (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). You further acknowledge that the
Services may contain information which is designated as confidential by Messzz and
that you shall not disclose such information without Messzz's prior written consent.
Unless you have agreed otherwise in writing with Messzz, nothing in the Terms gives
you a right to use any of Messzz's trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or
other proprietary information of Messzz; or remove, conceal or obliterate any copyright
or other proprietary notice or source identifier, including without limitation, the size,
colour, location or style of any proprietary mark(s). Any infringement shall lead to
appropriate legal proceedings against you at an appropriate forum for seeking all
available/possible remedies under applicable laws of the country of violation. You
cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever
any of the Messzz's Content in whole or in part except as expressly authorized by
Messzz.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent
that your use of materials displayed on the Services will not infringe rights of third
parties not owned by or affiliated with us. You agree to immediately notify us upon
becoming aware of any claim that the Services infringe upon any copyright trademark,
or other contractual, intellectual, statutory, or common law rights by following the
instructions contained below in section XVI.
2. Your License to Messzz Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to
access and use the Services only as expressly permitted in these Terms. You shall not
use the Services for any illegal purpose or in any manner inconsistent with these Terms.
You may use information made available through the Services solely for your personal,
non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast,
translate, reproduce, reformat, incorporate into advertisements and other works, sell,
promote, create derivative works, or in any way exploit or allow others to exploit any of
Messzz Content in whole or in part except as expressly authorized by us. Except as
otherwise expressly granted to you in writing, we do not grant you any other express or
implied right or license to the Services, Messzz Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in
the immediate termination of your right to use the Services, as well as potential liability
for copyright and other IP Rights infringement depending on the circumstances.
3. Messzz License to Your or Customer Content
In consideration of availing the Services on the Messzz Platform and by submitting Your
Content, you hereby irrevocably grant Messzz a perpetual, irrevocable, world-wide, non-
exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable
license and right to use Your Content (including content shared by any business user
having access to a 'mess business page' to manage claimed business listings or
otherwise) and all IP Rights therein for any purpose including API partnerships with third
parties and in any media existing now or in future. By "use" we mean use, copy, display,
distribute, modify, translate, reformat, incorporate into advertisements and other works,
analyze, promote, commercialize, create derivative works, and in the case of third party
services, allow their users and others to do the same. You grant us the right to use the
name or username that you submit in connection with Your Content. You irrevocably
waive, and cause to be waived, any claims and assertions of moral rights or attribution
with respect to Your Content brought against Messzz or its Customers, any third party
services and their users.
4. Representations Regarding Your or Customer Content
a. You are responsible for Your Content. You represent and warrant that you are the
sole author of, own, or otherwise control all of the rights of Your Content or have been
granted explicit permission from the rights holder to submit Your Content; Your Content
was not copied from or based in whole or in part on any other content, work, or website;
Your Content was not submitted via the use of any automated process such as a script
bot; use of Your Content by us, third party services, and our and any third party users
will not violate or infringe any rights of yours or any third party; Your Content is truthful
and accurate; and Your Content does not violate the Guidelines and Policies or any
applicable laws
b. If Your Content is a review, you represent and warrant that you are the sole
author of that review; the review reflects an actual dining experience that you
had; you were not paid or otherwise remunerated in connection with your
authoring or posting of the review; and you had no financial, competitive, or other
personal incentive to author or post a review that was not a fair expression of
your honest opinion.
c. You assume all risks associated with Your Content, including anyone's reliance on its
quality, accuracy, or reliability, or any disclosure by you of information in Your Content
that makes you personally identifiable. While we reserve the right to remove Content,
we do not control actions or Content posted by our Customers and do not guarantee the
accuracy, integrity or quality of any Content. You acknowledge and agree that Content
posted by Customers and any and all liability arising from such Content is the sole
responsibility of the Customer who posted the content, and not Messzz.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable
access to any Content that we, for any reason or no reason, consider to be
objectionable, in violation of the Terms or otherwise harmful to the Services or our
Customers in our sole discretion. Subject to the requirements of applicable law, we are
not obligated to return any of Your Content to you under any circumstances. Further,
the Mess reserves the right to delete any images and pictures forming part of Customer
Content, from such Mess's listing page at its sole discretion.
6. Third Party Content and Links
a. Some of the content available through the Services may include or link to materials
that belong to third parties, such as third party reservation services or online food
delivery/ordering. Please note that your use of such third party services will be governed
by the terms of service and privacy policy applicable to the corresponding third party.
We may obtain business addresses, phone numbers, and other contact information
from third party vendors who obtain their data from public sources.
b. We have no control over, and make no representation or endorsement regarding the
accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality
of any product, services, advertisements and other content appearing in or linked to
from the Services. We do not screen or investigate third party material before or after
including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make
improvements to, or correct any error or omissions in, any portion of the content
accessible on the Services. Where appropriate, we may in our sole discretion and
without any obligation, verify any updates, modifications, or changes to any content
accessible on the Services, but shall not be liable for any delay or inaccuracies related
to such updates. You acknowledge and agree that Messzz is not responsible for the
availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web sites or
resources.
d. Third party content, including content posted by our Customers, does not reflect our
views or that of our parent, subsidiary, affiliate companies, branches, employees,
officers, directors, or shareholders. In addition, none of the content available through the
Services is endorsed or certified by the providers or licensors of such third party
content. We assume no responsibility or liability for any of Your Content or any third
party content.
e. You further acknowledge and agree that Messzz is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external sites or
resources, or as a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on, or available from, such
websites or resources. Without limiting the generality of the foregoing, we expressly
disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing
content provided by third parties.
7. Customer Reviews
a. Customer reviews or ratings for Messs do not reflect the opinion of Messzz. Messzz
receives multiple reviews or ratings for Messs by Customers, which reflect the opinions
of the Customers. It is pertinent to state that each and every review posted on Messzz
is the personal opinion of the Customer/reviewer only. Messzz is a neutral platform,
which solely provides a means of communication between Customers/reviewers
including Customers or mess owners/representatives with access to mess business
page. The advertisements published on the Messzz Platform are independent of the
reviews received by such advertisers.
IX. Content guidelines and privacy policy
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and
Polices related to Content
2. Privacy Policy
You represent that you have read, understood and agreed to our Privacy Policy. Please
note that we may disclose information about you to third parties or government
authorities if we believe that such a disclosure is reasonably necessary to (i) take action
regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy;
(iii) comply with legal process or other government inquiry, such as a search warrant,
subpoena, statute, judicial proceeding, or other legal process/notice served on us; or
(iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or
the general public
X. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you
specifically agree not to post or transmit any content (including review) or engage
in any activity that, in our sole discretion:
a. Violate our Guidelines and Policies;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory,
discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise
objectionable, invasive of another's privacy, relating or encouraging money
laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address
the goods and services, atmosphere, or other attributes of the business you are
reviewing.
d. Contains material that violates the standards of good taste or the standards of
the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right
of publicity, copyright, trademark, patent, trade secret, or any other intellectual
property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare
department reporting. Refer to our Guidelines and Policies for more details about
health code violations.
h. Is illegal, or violates any federal, state, or local law or regulation (for example,
by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not
limited to by: (i) submitting Your Content under a false name or false pretences;
or (ii) disguising or attempting to disguise the IP address from which Your
Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a
conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests,
pyramid schemes, postings or reviews submitted or removed in exchange for
payment, postings or reviews submitted or removed by or at the request of the
business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by
us;
n. Contains material that is not in English or, in the case of products or services
provided in foreign languages, the language relevant to such products or
services;
o. Falsely states, misrepresents, or conceals your affiliation with another person
or entity;
p. Accesses or uses the account of another customer without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt,
destroy, or limit the functionality of any computer software or hardware or
electronic communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of
the Services or the servers or networks connected to the Services;
s. "Hacks" or accesses without permission our proprietary or confidential records,
records of another Customer, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing
proprietary or confidential information of your employer or client in breach of any
employment, consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive
source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with
security-related features, or features that enforce limitations on use of, the
Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any,
or bypasses or circumvents other measures employed to prevent or limit access
to the Services;
x. Collects, accesses, or stores personal information about other Customers of
the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of India or of
the country of use, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents investigation
of any offence or is insulting any other nation;
ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents,
leases, lends, transfers or otherwise commercialize any rights to the Services or
Our Content; or
ac. Attempts to do any of the foregoing.
ad. is patently false and untrue, and is written or published in any form, with the
intent to mislead or harass a person, entity or agency for financial gain or to
cause any injury to any person;
2. You acknowledge that Messzz has no obligation to monitor your or anyone
else's access to or use of the Services for violations of the Terms, or to review
or edit any content. However, we have the right to do so for the purpose of
operating and improving the Services (including without limitation for fraud
prevention, risk assessment, investigation and customer support purposes), to
ensure your compliance with the Terms and to comply with applicable law or the
order or requirement of legal process, a court, consent decree, administrative
agency or other governmental body
3. You hereby agree and assure Messzz that the Messzz Platform/Services shall be
used for lawful purposes only and that you will not violate laws, regulations,
ordinances or other such requirements of any applicable Central, Federal State
or local government or international law(s). You shall not upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam mail, chain letters or any other form of
solicitation, encumber or suffer to exist any lien or security interest on the subject
matter of these Terms or to make any representation or warranty on behalf of
Messzz in any form or manner whatsoever.
4. You hereby agree and assure that while communicating on the Messzz Platform
including but not limited to giving cooking instructions to the Messs,
communicating with our support agents on chat support or with the Delivery
Partners, through any medium, You shall not use abusive and derogatory
language and/or post any objectionable information that is unlawful, threatening,
defamatory, or obscene. In the event you use abusive language and/or post
objectionable information, Messzz reserves the right to suspend the chat support
service and/or block your access and usage of the Messzz Platform, at any time
with or without any notice.
5. Any Content uploaded by you, shall be subject to relevant laws of India and of
the country of use and may be disabled, or and may be subject to investigation
under applicable laws. Further, if you are found to be in non-compliance with the
laws and regulations, these terms, or the privacy policy of the Messzz Platform,
Messzz shall have the right to immediately block your access and usage of the
Messzz Platform and Messzz shall have the right to remove any non-compliant
content and or comment forthwith, uploaded by you and shall further have the
right to take appropriate recourse to such remedies as would be available to it
under various statutes.
XI. Customer feedback
1. If you share or send any ideas, suggestions, changes or documents regarding
Messzz's existing business ("Feedback"), you agree that (i) your Feedback does
not contain the confidential, secretive or proprietary information of third parties,
(ii) Messzz is under no obligation of confidentiality with respect to such
Feedback, and shall be free to use the Feedback on an unrestricted basis (iii)
Messzz may have already received similar Feedback from some other Customer
or it may be under consideration or in development, and (iv) By providing the
Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global
license to use, modify, develop, publish, distribute and sublicense the Feedback,
and you irrevocably waive, against Messzz and its Customers any
claims/assertions, whatsoever of any nature, with regard to such Feedback.
2. Please provide only specific Feedback on Messzz's existing products or
marketing strategies; do not include any ideas that Messzz's policy will not permit
it to accept or consider.
3. Notwithstanding the abovementioned clause, Messzz or any of its employees do
not accept or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new or improved products or technologies, product
enhancements, processes, materials, marketing plans or new product names.
Please do not submit any unsolicited ideas, original creative artwork, suggestions
or other works ("Submissions") in any form to Messzz or any of its employees.
4. The purpose of this policy is to avoid potential misunderstandings or disputes
when Messzz's products or marketing strategies might seem similar to ideas
submitted to Messzz. If, despite our request to not send us your ideas, you still
submit them, then regardless of what your letter says, the following terms shall
apply to your Submissions.
5. Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically
become the property of Messzz, without any compensation to you; (2) Messzz
may use or redistribute the Submissions and their contents for any purpose and
in any way; (3) there is no obligation for Messzz to review the Submission; and
(4) there is no obligation to keep any Submissions confidential.
XII. Advertising
1. Some of the Services are supported by advertising revenue and may display
advertisements and promotions. These advertisements may be targeted to the
content of information stored on the Services, queries made through the Services
or other information. The manner, mode and extent of advertising by Messzz on
the Services are subject to change without specific notice to you. In consideration
for Messzz granting you access to and use of the Services, you agree that
Messzz may place such advertising on the Services.
2. Part of the site may contain advertising information or promotional material or
other material submitted to Messzz by third parties or Customers. Responsibility
for ensuring that material submitted for inclusion on the Messzz Platform or
mobile apps complies with applicable international and national law is exclusively
on the party providing the information/material. Your correspondence or business
dealings with, or participation in promotions of, advertisers other than Messzz
found on or through the Messzz Platform and or mobile apps, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, shall be solely
between you and such advertiser. Messzz will not be responsible or liable for any
error or omission, inaccuracy in advertising material or any loss or damage of
any sort incurred as a result of any such dealings or as a result of the presence
of such other advertiser(s) on the Messzz Platform and mobile application.
3. For any information related to a charitable campaign ("Charitable Campaign")
sent to Customers and/or displayed on the Messzz Platform where Customers
have an option to donate money by way of (a) payment on a third party website;
or (b) depositing funds to a third party bank account, Messzz is not involved in
any manner in the collection or utilization of funds collected pursuant to the
Charitable Campaign. Messzz does not accept any responsibility or liability for
the accuracy, completeness, legality or reliability of any information related to the
Charitable Campaign. Information related to the Charitable Campaign is
displayed for informational purposes only and Customers are advised to do an
independent verification before taking any action in this regard.
XIII. Additional Terms and Conditions for Customers
using the various services offered by Messzz:
1. ONLINE ORDERING:
a. Messzz provides online ordering services by entering into contractual arrangements
with mess partners (Mess Partners”) and Stores (as defined below) on a principal-to-
principal basis for the purpose of listing their menu items or the Products (as defined
below) for online ordering by the Customers on the Messzz Platform.
b. The Customers can access the menu items or Products listed on the Messzz
Platform and place online orders against the Mess Partner(s)/Store(s) through Messzz.
c. Your request to order food and beverages or Products from a Mess Partner or a
Store page on the Messzz Platform shall constitute an unconditional and irrevocable
authorization issued in favour of Messzz to place online orders for food and beverages
or Products against the Mess Partner(s)/Store(s) on your behalf.
d. Delivery of an order placed by you through the Messzz Platform may either be
undertaken directly by the Mess Partner or the Store against whom you have placed an
order, or facilitated by Messzz through a third-party who may be available to provide
delivery services to you (“Delivery Partners”). In both these cases, Messzz is merely
acting as an intermediary between you and the Delivery Partners, or you and the Mess
Partner or the Store, as the case may be.
e. The acceptance by a Delivery Partner of undertaking delivery of your order shall
constitute a contract of service under the Consumer Protection Act, 2019 or any
successor legislations, between you and the Delivery Partner, to which Messzz is not a
party under any applicable law. It is clarified that Messzz does not provide any delivery
or logistics services and only enables the delivery of food and beverages or Products
ordered by the Customers through the Messzz Platform by connecting the Customers
with the Delivery Partners or the Mess Partners or the Store, as the case may be.
f. Where Messzz is facilitating delivery of an order placed by you, Messzz shall not be
liable for any acts or omissions on part of the Delivery Partner including deficiency in
service, wrong delivery of order, time taken to deliver the order, order package
tampering, etc.
g. You may be charged a delivery fee for delivery of your order by the Delivery Partner
or the Mess Partner or the Store, as the Delivery Partner or the Mess Partner or the
Store may determine (“Delivery Charges"). You agree that Messzz is authorized to
collect, on behalf of the Mess Partner or the Delivery Partner or the Store, the Delivery
Charges for the delivery service provided by the Mess Partner or the Store or the
Delivery Partner, as the case may be. The Delivery Charges may vary from order to
order, which may be determined on multiple factors which shall include but not be
limited to Mess Partner / Store, order value, distance, time of the day. Messzz will
inform you of the Delivery Charges that may apply to you, provided you will be
responsible for Delivery Charges incurred for your order regardless of your awareness
of such Delivery Charges.
h. In addition to the Delivery Charges, you may also be charged an amount towards
delivery surge for delivery of your order facilitated by the Delivery Partner or the Mess
Partner or the Store, which is determined on the basis of various factors including but
not limited to distance covered, time taken, demand for delivery, real time analysis of
traffic and weather conditions, seasonal peaks or such other parameters as may be
determined from time to time (“Delivery Surge"). You agree that Messzz is authorized
to collect, on behalf of the Mess Partner or the Delivery Partner or the Store, the
Delivery Surge for the delivery service provided by the Mess Partner or the Store or the
Delivery Partner, as the case may be. The Delivery Surge may vary from order to order,
which may be determined on multiple factors which shall include but not be limited to
Mess Partner / Store, order value, distance, demand during peak hours. Messzz will use
reasonable efforts to inform you of the Delivery Surge that may apply to you, provided
you will be responsible for the Delivery Surge incurred for your order regardless of your
awareness of such Delivery Surge.
i. In respect of the order placed by You, Messzz shall issue documents like order
summary, tax invoices, etc. as per the applicable legal regulations and common
business practices.
A. Online Ordering with Mess Partners:
a. All prices listed on the Messzz Platform are provided by the Mess Partner at the time
of publication on the Messzz Platform and have been placed as received from the Mess
Partner. While we take great care to keep them up to date, the final price charged to
you by the Mess Partner may change at the time of delivery. In the event of a conflict
between price on the Messzz Platform and price charged by the Mess Partner, the price
charged by the Mess Partner shall be deemed to be the correct price except Delivery
Charge of Messzz.
b. On Time or Free: For Customers in India, You may opt for on-time services offered
by Messzz, for an additional non-refundable cost, at select Mess Partners. However
You acknowledge that such services are facilitated by Messzz on a best effort basis,
hence should your order fail to reach you on or prior to the Promise Time, you would be
eligible to claim and receive a Coupon worth order value or up-to INR 250, whichever is
lower. You will be required to claim the Coupon within twenty four (24) hours from the
time such Order is delivered to You failing which your eligibility to receive the Coupon
will expire. Further the validity period of the Coupon would be 7 (seven) days from
receipt thereof. Notwithstanding anything set out herein above, You shall not be eligible
to receive the Coupon if:
i. Delay on the Promise Time is for unforeseen reasons eg. strikes, natural disaster,
Mess Partner’s inability to provide the Order.
ii. You change, edit, modify or cancel such Order or do any such act that has the effect
of changing, editing or modifying such order including but not limited to adding or
changing the items ordered, receiving delivery at a location other than the one indicated
at the time of placing of the order etc.
iii. You indulge in actions intended to delay the order including but not limited to asking
the Delivery Partner to delay the Order, becoming unresponsive on call etc.
iv. The order is a bulk order (as per Messzz’s standard order size)
For the purpose of this clause, words capitalized shall have the following
meaning: “Promise Time" shall mean the time period between the Mess Partner
accepting the order and the Delivery Partner reaching within 100 metre radius from
Your location or first barrier point (security guard/reception etc.) whichever is
further. “Coupon" shall mean one- time code generated by Messzz for delay in
Promise Time to be used as per applicable conditions.
c. Messzz Pro For Online Ordering: Messzz Pro members in India can avail Discounts
(as defined below) extended by Partner Messs (as defined below) on home delivery.
Please refer to the terms and conditions set out below in clause 3.
B. General Terms and Conditions
a. Messzz is not a manufacturer, seller or distributor of food and beverages or Products
and merely places an order against the Mess Partner(s)/Store(s) on behalf of the
Customers pursuant to the unconditional and irrevocable authority granted by the
Customers to Messzz, and facilitates the sale and purchase of food and beverages or
Products between Customers and Mess Partners/Store(s), under the contract for sale
and purchase of food and beverages or Products between the Customers and Mess
Partners/Store(s).
b. Messzz shall not be liable for any acts or omissions on part of the Mess
Partner/Store(s) including deficiency in service, wrong delivery of order / order
mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver
the order, etc.
c. The Mess Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee
of the food and beverages or Products sold to the Customer and in no event shall be
the responsibility of Messzz.
d. For the Customers in India, it is hereby clarified by Messzz that the liability of any
violation of the applicable rules and regulations made thereunder shall solely rest with
the sellers/brand owners, vendors, Mess Partner(s)/Store(s), importers or
manufacturers of the food products, Products or any Pre Packed Goods accordingly.
For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items
which is placed in a package of any nature, in such a manner that the contents cannot
be changed without tampering it and which is ready for sale to the customer or as may
be defined under the Food Safety and Standards Act, 2006 from time to time.
e. Please note that some of the food and beverages or Products may be suitable for
certain ages only. You should check the dish you are ordering and read its description,
if provided, prior to placing your order. Messzz shall not be liable in the event the food
and beverages or the Product ordered by You does not meet your dietary or any other
requirements and/or restrictions.
f. While placing an order you shall be required to provide certain details, including
without limitation, contact number and delivery address. You agree to take particular
care when providing these details and warrant that these details are accurate and
complete at the time of placing an Order. By providing these details, you express your
acceptance to Messzz's terms and privacy policies.
g. You or any person instructed by you shall not resell food and beverages or Products
purchased via the Messzz Platform.
h. The total price for food ordered, including the Delivery Charges and other charges,
will be displayed on the Messzz Platform when you place your order, which may be
rounded up to the nearest amount. Customers shall make full payment towards such
food or Products ordered via the Messzz Platform.
i. Any amount that may be charged to you by Messzz over and above the order value,
shall be inclusive of applicable taxes.
j. Delivery periods/Takeaway time quoted at the time of ordering are approximate only
and may vary.
k. Personal Promo code can only be used by You subject to such terms and conditions
set forth by Messzz from time to time.
l. Cancellation and refund policy:
i. You acknowledge that (1) your cancellation, or attempted or purported cancellation of
an order or (2) cancellation due to reasons not attributable to Messzz, that is, in the
event you provide incorrect particulars, contact number, delivery address etc., or that
you were unresponsive, not reachable or unavailable for fulfillment of the services
offered to you, shall amount to breach of your unconditional and irrevocable
authorization in favour of Messzz to place that order against the Mess Partners/Store(s)
on your behalf (“Authorization Breach"). In the event you commit an Authorization
Breach, you shall be liable to pay the liquidated damages of an amount equivalent to
the order value. You hereby authorize Messzz to deduct or collect the amount payable
as liquidated damages through such means as Messzz may determine in its discretion,
including without limitation, by deducting such amount from any payment made towards
your next Order
ii. There may be cases where Messzz is either unable to accept your order or cancels
the order, due to reasons including without limitation, technical errors, unavailability of
the item(s) ordered, or any other reason attributable to Messzz, Mess Partner/Store or
Delivery Partner. In such cases, Messzz shall not charge a cancellation charge from
you. If the order is cancelled after payment has been charged and you are eligible for a
refund of the order value or any part thereof, the said amount will be reversed to you.
iii. No replacement / refund / or any other resolution will be provided without Mess
Partner’s/Store(s)’ permission.
iv. Any complaint, with respect to the order which shall include instances but not be
limited to food spillage, foreign objects in food, delivery of the wrong order or food and
beverages or Products, poor quality, You will be required to share the proof of the same
before any resolution can be provided.
v. You shall not be entitled to a refund in case instructions placed along with the order
are not followed in the form and manner You had intended. Instructions are followed by
the Mess Partner /Store on a best-efforts basis.
vi. All refunds shall be processed in the same manner as they are received, unless
refunds have been provided to You in the form of credits, refund amount will reflect in
your account based on respective banks policies.
3. BOOK SERVICE/TABLE RESERVATIONS:
a. The Customer can make a request for booking a table at a mess, offering table
reservation via the Messzz Platform and related mobile or software application and such
booking will be confirmed to a Customer by email, short message service ("SMS")
and/or by any other means of communication only after the mess accepts and confirms
the booking. The availability of a booking is determined at the time a Customer requests
for a table reservation. While using the Messzz Book Service, you shall be required to
provide certain details, You agree to provide correct details and warrant that these
details are accurate and complete. By submitting a booking request, you express your
acceptance to Messzz's terms and privacy policies and agree to receive booking
confirmations by email, SMS and/or by any other means of communication after
booking a table through the Messzz Book Service. Customer further agrees not to make
more than one reservation for Customer's personal use for the same mealtime.
b. Fees: Messzz may charge booking fee ("Booking Fee") from the Customer upon
availing the Messzz Book Service. This Booking Fee shall be adjusted by the mess
against the total bill for the items consumed by the Customer at such mess. Any
balance amount remaining to be paid after deduction of the Booking Fee from the mess
bill shall be payable by the Customer. The Customer shall also be liable to pay any
additional charges and/or applicable taxes that may be applicable to the transaction. In
the event of any change in the amount of the Booking Fee after the payment is made by
the Customer, the amount of the Booking Fee already paid by the Customer will be
applicable. The Customer may be required to furnish the payment instrument at the
mess from which payment has been made for identification purposes.
c. Modifications & Cancellations: Any request for modification of the confirmed booking
will be subject to acceptance of the same by the mess. Messzz will use its best
endeavours to keep the Customer informed of the status of the booking. For bookings
where Booking Fee is not applicable, the Customer may cancel such booking thirty (30)
minutes in advance from the scheduled booking time. A confirmed booking for which
Booking Fee has been charged from a Customer, modification option will not be
available, however the Customer is required to cancel the confirmed booking twenty-
four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise
provided herein these Terms, Messzz shall refund the Booking Fee to the Customer
within seven (7) working days from the date of such cancellation. However, Messzz
reserves the right to retain the Booking Fee in the event the Customers fails to cancel
the booking within the estimated timeframe mentioned herein above.
d. Late Arrivals: Messzz advises the Customer to arrive 10 minutes in advance of the
scheduled booking time. The mess reserves the right to cancel your booking and
allocate the table to other guests in case of late arrivals and Messzz shall in no manner
be liable for such cancellation initiated by the Mess. Messzz hereby reserves its right to
retain the Booking Fee paid by the Customers, in the event the Customer is late by
more than 10 minutes from the scheduled booking time and/or fails to show up at the
mess.
e. Dispute: In the event the mess fails to honour the confirmed booking or in case of any
other complaint or dispute raised by the Customer in relation to the booking, the
Customer shall raise such disputes with Messzz within 30 minutes from the scheduled
booking time at the helpline numbers as provided herein below. Upon receipt of such
complaint or dispute, Messzz will make reasonable efforts to verify the facts of such
complaint/ dispute with the mess and may at its sole discretion initiate the refund of the
Booking Fee to such Customer.
f. Personal Information: Customers will be required to share certain personal information
with Messzz and/or the mess including but not limited to their name, phone number,
email address in order to avail the Messzz Book Service and the Customer hereby
permits Messzz to share such personal information with the mess for confirming such
Customer's booking and/or such other communication relating to but not limited to the
Messzz Book Service or any promotions by the mess. Messzz will use these details in
accordance with the Privacy Policy published here. Messzz will share your personal
information with the mess for the purpose of your reservation. However, notwithstanding
anything otherwise set out herein, Messzz shall in no manner be liable for any use of
your personal information by such mess for any purpose whatsoever.
g. Additional Request: In the case of any additional request communicated by the
Customer at the time of the booking, the same will be conveyed to the mess by Messzz
and confirmed to the Customer basis mess's response. While Messzz will take all the
care to ensure timely communication of these requests to both the Customer and the
mess, the liability to fulfill the request lies solely with the mess and Messzz shall in no
manner be liable if the mess does not honor any of the confirmed additional requests of
the Customers.
h. Call Recording: Messzz may contact via telephone, SMS or other electronic
messaging or by email with information about your Messzz Book Service or any
feedback thereon. Any calls that may be made by Messzz, by itself or through a third
party, to the Customers or the mess pertaining to any booking requests of a Customer
may be recorded for internal training and quality purposes by Messzz or any third party
appointed by Messzz.
i. Liability Limitation: Notwithstanding anything otherwise set out herein, Messzz shall in
no manner be liable in any way for any in-person interactions with the mess as a result
of the booking or for the Customer's experience at the mess or in the event a mess
does not honor a confirmed booking. Messzz is only a platform connecting Customers
to the mess and shall not be liable for any acts or omissions on part of the mess
including deficiency in service, quality of food, time taken to serve or any other
experience of the Customer.
4. MESSZZ PRO:
a. Messzz Pro: Messzz Pro is a membership based program available in select
countries which allows its members to avail benefits on dine in and online ordering
offered by a host of messs partnered with Messzz ("Partner Messs").
b. Messzz Pro Membership:
i. For Messzz Pro members in India: As a member of Messzz Pro, You will be entitled
to avail Discount (as defined below) on the Bill Value (as defined below), provided that
the Bill Value for such order is above the minimum value (if applicable) as determined
by the Partner Mess and when You pay the Bill Value via the Messzz Platform based on
and subject to the membership plan purchased by You via the Messzz Platform read
along with these Terms.
For the purpose of Messzz Pro, “Bill Value” shall mean the total amount set out in the
bill for food and beverages availed by the member at the Partner Messs, and shall not
include applicable taxes, Delivery Charges (i.e. Delivery Charges including any distance
fee or Delivery Surge), service charge and other charges as may be applicable
and “Discount” includes but is not limited to a percentage of discount or a flat discount.
ii. For Messzz Pro members in UAE: As a member of Messzz Pro, You will be entitled
to avail Offer(s) (as defined below), determined by the Partner Mess when You pay the
Bill Value via the Messzz Platform based on and subject to the membership plan
purchased by You.
“Offer(s)” shall include, but not be restricted to, either (i) percentage of discount or flat
discount that the Partner Mess agrees to extend to the Customer on the Bill Value for
each transaction; and/or (ii) meal packages that are fixed price deals offered by the
Partner Mess.
iii.Your Messzz Pro membership can only be used on a single device only. You are not
permitted to access or avail benefits of Messzz Pro membership on multiple devices
even when you sign in using your email address registered with Messzz. Further, you
can avail the benefits of a single Messzz Pro membership only on one particular device.
Once a Messzz Pro membership is accessed/used on a device, no other Messzz Pro
membership can be accessed/used to avail Messzz Pro benefits on it.
iv. Existing Messzz Gold members were upgraded to Messzz Pro from August 1, 2020.
v. Benefits under Messzz Pro Discount and/or Offer(s):
a. can be redeemed at Partner Messs only and the list of such Partner Messs may be
updated periodically;
b. may be changed or added from time to time. You are advised to check the Discount
being offered by the Partner Mess at the time of placing your Order;
c. cannot be exchanged for cash.
d. can only be availed in the country and city where Messzz Pro membership has been
purchased, other than in India where such benefits can be availed in all the cities in
which Messzz Pro is available.
e. The Discount and/or Offer shall be extended only if the Messzz Pro member makes
payment towards the Bill Value via the Messzz Platform.
f. You will be responsible to pay the Partner Mess(s) all costs and charges payable for
all the other items for which you have placed an Order and which are not covered under
the Discount and/or Offer.
g. There is no limit on the number of times the Discount and/or Offer can be availed in a
day.
h. The Discount and/or Offer shall not be applicable on tobacco and related products.
i. The Partnered Mess(s) offering Messzz Pro for home delivery may differ from
Partnered Messs offering Messzz Pro for dine out.
j. The term of your Messzz Pro membership shall be subject to the membership plan
opted by You.
vi. Messzz reserves the right to block a device and/or terminate/suspend your Messzz
Pro membership on account of breach of these terms including any fraudulent and
suspicious activity while availing your Messzz Pro membership. Messzz may provide a
pro-rated refund of the Messzz Pro membership fee paid by you, if your Messzz Pro
membership is terminated/suspended in accordance with this clause.
c. Messzz Pro - Dine in
1. For Messzz Pro members in India
While availing Messzz Pro benefits on dine-in in india, following terms and
conditions shall be specifically applicable to Messzz Pro members:
i. Upon fulfilment of payment of the Bill Value via the Messzz Platform, You will
be required to show the payment confirmation to the Partner Mess.
ii. cannot be clubbed during the same visit.
iii. Messzz Pro members are required to be present at the Partner Mess when
availing the Discount.
iv. The Discount cannot be clubbed with any ongoing Partner Mess offers or on
menu items which are being sold on discount except items sold on maximum
retail price (MRP).
v. The Discount extended by the Merchant shall be valid irrespective of the
number of people seated on the table.
vi. Customer(s) cannot use Messzz Pro for dine in if the Customer is employed at
the same Partner Mess.
2. For Messzz Pro members in UAE
While availing Messzz Pro benefits on dine-in in UAE, following terms and
conditions shall be specifically applicable to Messzz Pro members:
i. Upon fulfilment of payment of the Bill Value via the Messzz Platform, You will
be required to show the payment confirmation to the Partner Mess.
ii. Offer(s) cannot be clubbed during the same visit. For the purpose of clarity,
percentage discount(s) and/or the meal package(s) offered by the Partner Mess
cannot be clubbed during the same visit.
iii. Messzz Pro members shall have the option to pre-book a meal package
offered by the Partner Mess, prior to visiting the Partner Mess. In the event You
pre-book a meal package but are unable to avail such a pre-booked meal
package and/or fail to visit the Partner Mess, You will be entitled to a refund
equivalent to the amount paid for pre-booking such meal package. For clarity, in
the event a refund request is raised by You post the date of use of the meal
package, such refund will be subject to verification and confirmation from the
Partner Mess that the said meal package was not availed by You.
iv. Messzz Pro members are required to be present at the Partner Mess when
availing the Discount.
v. Offer(s) cannot be clubbed with any ongoing Partner Mess offers or on menu
items which are being sold on discount except items sold on maximum retail
price (MRP).
vi. Offer(s) extended by the Partner Mess shall be valid irrespective of the
number of people seated on the table.
vii. Customer(s) cannot use Messzz Pro for dine-in if the Customer is employed
at the same Partner Mess.
viii. Messzz Pro can be used on any day of the week during the opening hours of
the Partner Mess except on Exclusion Days as highlighted below in sub-clause
‘o.’ below. Messzz reserves the right to add Exclusion Days to Messzz Pro - Dine
in at its discretion which will be updated on Messzz Platform from time to time.
d. Messzz Pro for Online Ordering:
i. As a member of Messzz Pro in India, you can avail Discount on Order placed by You
from partnered Messs.
ii. The Discount cannot be clubbed with any other offers or discounts or deals extended
by the Partnered Mess or Messzz or any other third party.
iii. The Discount is not valid on menu items sold by the Partnered Mess at maximum
retail price (MRP), combos and any other items being sold at discount by the Partner
Messs.
iv. The Discount can be availed only for Orders placed for home delivery.
e. Messzz Pro members will get special delivery offers at applicable Partner Messs
which will be visible on Messzz Platform.
f. Money Back Guarantee: For Messzz Pro members in India and UAE, if a Messzz Pro
member does not save the amount actually paid for the purchase of Messzz Pro
membership, such Messzz Pro member will be entitled to a partial refund which shall be
determined as a proportion of the shortfall in the guaranteed saving to the Messzz Pro
membership fee paid by the Messzz Pro member for the subscription. The money back
guarantee is applicable only to Messzz Pro members who have purchased an annual
membership before November 26, 2020. Messzz may at its sole discretion refund the
proportionate tax amount on such refund. For the purpose of clarification, such amount
shall be refunded to the Messzz Pro member at the end of the membership tenure. It is
hereby clarified that in the event you cancel your membership at any time during the
validity of your membership plan, you will not be eligible to receive a refund on a pro-
rata basis.
g. Update: The Partner Messs may change from time to time and the members are
advised to keep a check on the updated list of Partner Messs from time to time at
Messzz’s Platform.
h. Fees: In order to avail Messzz Pro, members are required to pay a membership fee
which shall be based on the membership plan opted by such member.
i. Payments: To purchase and/or renew your membership plan, you can choose a
payment method, as available on the 'Payment' section of the Messzz Platform. Your
access to Messzz Pro shall be subject to receipt of successful payments by Messzz.
The membership fee shall be inclusive of all applicable taxes. For some payment
methods, the issuer may charge you certain fees, such as foreign transaction fees or
other fees, relating to the processing of your payment method. Messzz shall require
additional information and/or documents from you in accordance to the applicable local
laws in your or as per the internal requirements of Messzz.
j.Term: These Terms will begin on the date of purchase of the membership plan and will
be valid till such time your membership plan expires.
k. Subscription and Renewal: The membership is non-transferable and refundable (in
the manner set out below)once purchased. Your membership may be automatically
renewed upon expiry as per your already purchased membership plan. In case of auto-
renewal, You authorize us to debit your payment method linked to Messzz Platform. In
the event you do not wish to renew the membership, you can cancel the membership
for renewal at any time during the validity of your membership plan. When you request
for cancellation of auto-renewal of your membership, your membership plan will not be
auto-renewed and you can continue to access Messzz Pro during your existing
membership plan until the expiry of the validity period.
l. Cancellation and Refund of Membership Plan: In the event you cancel your
membership at any time during the validity of your membership plan, you will be eligible
to receive a refund on a prorata basis. For the purpose of clarity, refund on a pro-rata
basis will be calculated from the month you place a cancellation request. It is hereby
further clarified that the pro-rata refund shall only be for the membership plan for which
the member has paid and shall not include any period of extension to the membership
plan that a Customer may have received on account of any referrals or campaigns.
Messzz reserves the right to cancel any members’ Messzz Pro membership at any time
and provide a pro-rated refund to the membership fee (if any). Messzz Pro membership
purchases from third-party platforms may not be eligible for a pro-rata refund. You are
required to check the terms and conditions for pro-rata refund at the time of purchasing
the Messzz Pro membership from third-party platforms.
m. Modification to Messzz Pro: Messzz reserves the right to offer, alter, extend or
withdraw, as the case may be, any offers or discounts or promotions extended by
Messzz at any time with or without giving any prior notice to the Customers. In such
cases, such revision will be updated on the Messzz Platform accordingly.
n. Messzz reserves the right to terminate / suspend Your membership to the Messzz
Pro , if Messzz determines in its sole discretion that (i) You have violated the terms of
Messzz Pro set out herein, (ii) have been involved in activities that are in contravention
of the Messzz Pro terms and/or any terms for the usage of Messzz Platform; or (iii) have
engaged in activities which are fraudulent / unlawful in nature while availing any of
Services of Messzz.
o. Exclusion Days: Messzz Pro can be used any day of the week during the opening
hours of the Partner Mess except on days listed herein below ("Exclusion Days").
Exclusion period applies from the start of operational hours for the day up till 6am of the
following day. Messzz Pro will not be applicable at messs in Yas Island (Abu Dhabi)
during the Formula 1 weekend. In addition the Exclusion Days mentioned herein
Messzz Pro shall not be extended by Partner Mess on the days prohibited by law. The
Partner Mess, at its discretion, may or may not extend Messzz Pro benefits to
Customers on an Exclusion Day. Messzz Pro members are advised to make prior
enquiry with the Partner Messs and/or check the Messzz Platform before visiting the
Partner Mess, to confirm whether the Messzz Pro can be redeemed or not.
Exclusion Days for United Arab Emirates
No.
DATE
EVENT
1
December 31 and January 1
New Year's Eve/Day
2
As per lunar calendar(first and second day of Eid Al Fitr)
Eid Al Fitr
3
As per lunar calendar (first and second day of Eid Al Adha)
Eid Al Adha
4
December 2 and December 3
National Day
Exclusion Days for India
No.
DATE
EVENT
1
December 31 and January 1
New Year's Eve/Day
2
As per lunar calendar
Pongal (applicable in Tamil Nadu only)
3
February 14
Valentine's Day
4
As per lunar calendar
Durga Puja (applicable in West Bengal only)
5
As per lunar calendar
Diwali Eve/Day
6
December 24 and December 25
Christmas Eve/Day
p. Personal Information: Members will be required to share certain personal
information with Messzz including their name, phone number, email address,
payment details, in order to purchase Messzz Pro. Messzz will use these details in
accordance with the Privacy Policy published on www.Messzz.com/privacy.
r. The Customer acknowledges that Messzz bears no responsibility for the compliance
with statutory rules, regulations and licenses by Partner Mess. The Customer agrees
that Messzz shall not be liable in any manner if the Customer is unable to avail the
benefits under Messzz Pro with a Partner Mess due to the Partner Mess’s violation of
any statutory rule, regulation and license.
s. Liability Limitation: Notwithstanding anything otherwise set out herein, Messzz shall in
no manner be liable in any way for any in-person interactions with representatives or
staff of the Partner Mess or for the member’s experience at the Partner Mess. Messzz
shall in no manner be liable to the member if any outlet of Partner Mess temporarily or
permanently shuts down its operations. Notwithstanding anything set out herein,
Messzz’s aggregate liability for any or all claims arising from or in connection with your
use of Messzz Pro shall be limited to the membership fee paid by you at the time of
purchasing the membership.
t. Call Recording (For Messzz Pro members in India only): Messzz may contact Messzz
Pro members via telephone, SMS or other electronic messaging or by email with
information about your Messzz Pro experience or any feedback thereon. Any calls that
may be made by Messzz, by itself or through a third party, to the Members or the mess
pertaining to the experience of a Customer may be recorded for internal training and
quality purposes by Messzz or any third party appointed by Messzz.
u. Assignment: Messzz may assign or transfer any of its rights or obligations under
these Terms and conditions to any of its affiliates or any third party at any time.
v. Contact Us: You may contact us at pro@Messzz.com for any further queries with
regard to Messzz Pro.
5. MESSZZ PRO PLUS:
a. Messzz Pro Plus
Messzz Pro Plus is an invite only membership program offered by Messzz which allows
its members to avail benefits (as detailed hereinbelow) on online ordering and dine out.
b. Messzz Pro Plus Membership:
1. For Messzz Pro Plus members in India:
a. As a member of Messzz Pro Plus in India, in addition to the Discount under Messzz
Pro, full discount will be given on any Delivery Charges including any distance fee or
Delivery Surge on all your Orders irrespective of the order value.
b. Benefits and features of under Messzz Pro Plus membership in India:
i. can be redeemed for all Orders and dine out orders from certain messs;
ii. may be changed or added from time to time;
iii. cannot be exchanged for cash.
iv. are valid only for home delivery and dine-in orders and not on take away orders.
v. can be availed in cities where Messzz Pro Plus membership is available.
vi. Full discount on Delivery Charges (i.e. Delivery Charges including any distance fee
and Delivery Surge) under Messzz Pro Plus membership may not be applicable in
cases where the orders from the mess(s) are cash on delivery orders.
vii. The terms of Messzz Pro Plus discount applicability will be the same as Messzz Pro
discount terms.
2. For Messzz Pro Plus members in UAE:
a. As a member of Messzz Pro Plus in UAE, full discount will be given on any Delivery
Charges including any distance fee or Delivery Surge, on orders (above a certain value,
as may be communicated by Messzz from time to time) where the delivery is facilitated
by Messzz through Delivery Partners.
b. Benefits and features of under Messzz Pro Plus membership in UAE:
i. can be redeemed for all online orders where delivery is facilitated by Messzz through
Delivery Partners;
ii. may be changed or added from time to time;
iii. cannot be exchanged for cash.
iv. are valid only for home delivery and dine-in orders and not on take away orders.
v. can be availed in cities where Messzz Pro Plus membership is available.
vi. members cannot avail any additional discounts such as Discount under Messzz Pro
on home delivery orders
d. You will be responsible to pay the mess(s) all costs and charges payable for all the
items for which you have placed an Order.
e. There is no limit on the number of times the benefits can be availed in a day.
f. You are not permitted to avail the benefits on more than two devices in a span of 60
days. This 60 day period is a rolling period starting from the date You first avail the
benefits and will continue till the time You remain a Messzz Pro Plus member.
h. The term of your Messzz Pro Plus membership shall be subject to the membership
plan opted by You.
i. The terms of Messzz Pro Plus discount applicability will be the same as Messzz Pro
discount terms.
j. Fees: In order to avail Messzz Pro Plus membership, members are required to pay a
membership fee which shall be based on the membership plan opted by such member.
Messzz Pro members can upgrade their memberships to Messzz Pro Plus. The fees for
Customers who upgrade from Messzz Pro to Messzz Pro Plus will be calculated basis
the remaining tenure of their Messzz Pro membership.
k. Payments: To purchase and/or renew your membership plan, you can choose a
payment method, as available on the 'Payment' section of the Messzz Platform. Your
access to Messzz Pro Plus shall be subject to receipt of successful payments by
Messzz. The membership fee shall be inclusive of all applicable taxes. For some
payment methods, the issuer may charge you certain fees, such as foreign transaction
fees or other fees, relating to the processing of your payment method. Messzz shall
require additional information and/or documents from you in accordance with applicable
local laws in your jurisdiction or as per the internal requirements of Messzz.
l. Term: These Terms will begin on the date of purchase of the membership plan and
will be valid till such time your membership plan expires.
m. Subscription and Renewal: The membership is non-transferable but refundable (in
the manner set out below) once purchased. Your membership may be automatically
renewed upon expiry as per your already purchased membership plan, In case of auto-
renewal you authorize us to debit your payment method linked to Messzz Platform. In
the event You do not wish to renew the membership, You can cancel the membership
for renewal at any time during the validity of your membership plan. When you request
for cancellation of auto-renewal of your membership, your membership plan will not be
auto-renewed and you can continue to access Messzz Pro Plus during your existing
membership plan until the expiry of the validity period. To request for cancellation of
auto-renewal your membership, you are required to go to your Messzz Pro Plus plan on
the Account page on the Messzz Platform and cancel your membership.
n. Cancellation and Refund of Membership Plan: In the event You cancel your
membership at any time during the validity of your membership plan, You will be eligible
to receive a pro-rated refund. For Customers who upgraded from Messzz Pro to Messzz
Pro Plus, the refund will be calculated basis the savings made while being a Messzz
Pro member and the savings made while being a Messzz Pro Plus member. The
Customers who become Messzz Pro Plus members without upgrading from Messzz
Pro, will receive a pro-rated refund on the basis of the savings made while being a
Messzz Pro Plus member. Upon cancellation of Messzz Pro Plus membership, the
Customer will lose the Messzz Pro and Messzz Pro Plus memberships. Messzz Pro
Plus memberships purchased from third-party platforms may not be eligible for a pro-
rata refund. You are required to check the terms and conditions for pro-rata refund at
the time of purchasing the Messzz Pro Plus membership from third-party platforms.
o. Cancellation and Refund of Membership Plan: In the event You cancel your
membership at any time during the validity of your membership plan, You will be eligible
to receive a pro-rated refund. For Customers who upgraded from Messzz Pro to Messzz
Pro Plus, the refund will be calculated basis the savings made while being a Messzz
Pro member and the savings made while being a Messzz Pro Plus member. For
Customers who become Messzz Pro Plus members without upgrading from Messzz
Pro, will receive a pro-rated refund on the basis of the savings made while being a
Messzz Pro Plus member. Upon cancellation of Messzz Pro Plus membership, the
Customer will lose the Messzz Pro and Messzz Pro Plus memberships.
p. Modification to Messzz Pro Plus: Messzz reserves the right to offer, alter, extend or
withdraw, as the case may be, any Benefits or offers or discounts or promotions
extended by Messzz at any time after giving adequate prior notice to the Customers. In
such cases, such revision will be updated on the Messzz Platform accordingly.
q. Messzz reserves the right to terminate / suspend Your membership to the Messzz
Pro Plus, if Messzz determines that (i) You have violated the terms of Messzz Pro Plus
set out herein, (ii) have been involved in activities that are in contravention of the
Messzz Pro Plus terms and/or any terms for the usage of Messzz Platform; or (iii) have
engaged in activities which are fraudulent / unlawful in nature while availing any of
Services of Messzz.
r. Personal Information: Members will be required to share certain personal
information with Messzz including their name, phone number, email address,
payment details, in order to purchase Messzz Pro Plus. Messzz will use these
details in accordance with the Privacy Policy published
on www.Messzz.com/privacy.
s. Disclaimer: The liability to extend the Benefits under Messzz Pro Plus rests solely
with Messzz. Messzz reserves the right to refuse service to anyone in accordance with
its policies.
t. Liability Limitation: Notwithstanding anything set out herein, Messzz’s aggregate
liability for any or all claims arising from or in connection with your use of Messzz Pro
shall be limited to the membership fee paid by You at the time of purchasing the
membership.
u. Call Recording: Messzz may contact Messzz Pro Plus members via telephone, SMS
or other electronic messaging or by email with information about your Messzz Pro Plus
experience or any feedback thereon. Any calls that may be made by Messzz, by itself or
through a third party, to the Messzz Pro Plus members pertaining to their experience
may be recorded for internal training and quality purposes by Messzz or any third party
appointed by Messzz.
v. Assignment: Messzz may assign or transfer any of its rights or obligations under
these Terms and conditions to any of its affiliates or any third party at any time.
6. FOOD HYGIENE RATINGS:
a. The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of Messzz in
partnership with certified auditors ("Hygiene Auditor(s)") to audit messs. The Customer
acknowledges that Messzz is merely acting as a facilitator in the hygiene audit process
and does not conduct any hygiene audit by itself.
b. The Customer understands and agrees that the Hygiene Rating(s) displayed on the
Messzz Platform are for informational purposes only and merely indicate the hygiene
standards of a mess at the time such audit is conducted by the Hygiene Auditor(s). The
Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards
maintained by a mess.
c. Validity:
i. The validity of the Hygiene Rating(s) displayed on the Messzz Platform shall be for a
period of six (6) or twelve (12) months, as the case may be, from the date of last audit
as displayed on the Messzz Platform.
ii. Messzz reserves the right to remove the Hygiene Rating(s) for a mess upon expiry of
the validity of the Hygiene Rating(s), without any prior intimation to the Customer.
d. Disclaimer and Liability:
i. The Hygiene Rating(s) that are displayed on the Messzz Platform are on an 'as
available' basis, based on the data provided to Messzz by the Hygiene Auditor(s) for a
mess and Messzz disclaims all warranties with respect to the Hygiene Rating(s) or any
information displayed in this regard on the Messzz Platform.
ii. Any actions taken by a Customer relying upon the Hygiene Rating(s) or any
information displayed in this regard on the Messzz Platform shall be strictly at such
Customer's own risk and Messzz shall in no manner be held liable for any losses or
damages that may arise in connection with the use of this information or any
inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Messzz expressly
disclaims all liabilities that may arise in connection to the reliance by a Customer on
such Hygiene Rating(s) including without limitation, any consumption of food or any
other items served at a mess, or any other services that may be provided by a mess.
iii. Messzz shall under no circumstances be held liable if a mess does not display the
correct and accurate Hygiene Rating(s) on its mess premises, website or any other
platform.
e. The Customer acknowledges that the Hygiene Rating(s) as displayed on the Messzz
Platform shall under no circumstances be construed to be a proof of the hygiene
standards or practices that are being adopted by the mess and such Hygiene Rating(s)
shall not be used as evidence in a court of law or governmental authority or disputed in
any manner whatsoever. The Customer further understands that the mess is solely
responsible to maintain the hygiene and food safety standards in compliance with the
applicable laws.
7. EDITION CARD:
a. Edition Card is a co-branded credit card issued by RBL Bank ("Banking Partner") in
association with Messzz to You, which can be used pan India as well as internationally
("Edition Card").
b. The Customer acknowledges that the Customer holding an Edition Card shall comply
with the applicable terms and conditions of the Banking Partner available
at https://drws17a9qx558.cloudfront.net/document/Credit%20Cards/RBL-MITC-final.pdf,
issued by the Banking Partner governing the issue and use of the Edition Card
("Banking Partner Credit Card Terms and Conditions").
c. The Customer acknowledges that the payment of Edition Card fees and other
charges shall be governed by the Banking Partner Credit Card Terms and Conditions.
d. In order to apply for an Edition Card, Messzz may require the Customer to submit
certain personal information and documents including but not limited to PAN Card, date
of birth etc. to the Banking Partner through the Messzz Platform, and/or undertake the
KYC as may be required in accordance with the Banking Partner Credit Card Terms
and Conditions. Messzz will use these credentials in accordance with the Privacy Policy
published at www.Messzz.com/privacy.
e. The Customer acknowledges that the KYC details will be verified by the Banking
Partner prior to issuance of the Edition Card and such issuance of the Edition Card shall
be at the sole discretion of the Banking Partner.
f. The Customer acknowledges that the Edition Card will be delivered to the Customer’s
registered address (provided at the time of KYC process) within a time period from the
date of approval of the application by the Banking Partner, as may be communicated to
the Customer from time to time. The time period to deliver the Edition Card shall be
subject to poor weather conditions, lockdowns and other similar causes that may affect
the delivery partners’ services.
g. The Customer who is issued an Edition Card shall be entitled to offers and/or
benefits, as applicable at the time of applying for the Edition Card and which may be
communicated to the Customer by Messzz and/or Banking Partner from time to time.
For the purpose of clarity, the offers and/or benefits shall mean the credit in the form of
cashback received by the Customer for making payments/purchases on the Messzz
mobile application or other merchant platforms, as the case may be. Offers and/or
benefits on the Edition Card may change from time to time.
h. The Customer acknowledges that in case of cashback, the value of one edition point
is equivalent to Re. 1 on the Messzz mobile application.
i. Messzz and the Banking Partner reserve the right, at any time, to alter, extend or
withdraw, as the case may be, the Edition Card or any offer(s) and/or benefit(s)
associated with the Edition Card with or without giving any prior notice to the
Customers. In such cases, such revisions to the offer(s) and/or benefits(s) will be
updated on the Messzz Platform accordingly.
j. The Customer acknowledges that Messzz and the Banking Partner reserve the right
to disqualify a Customer from the offer(s) and/or benefit(s) of Edition Card, if any
suspicious or fraudulent activity is identified as being carried out for availing the offer(s)
and/or benefit(s) or otherwise by use of the Edition Card.
k. The Customer acknowledges that upon receipt of any complaint or dispute pertaining
to the Edition Card, Messzz will make reasonable efforts to verify the facts of such
complaint/dispute and connect the Customer with the Banking Partner, however the
resolution will be governed by the Banking Partner Credit Card Terms and Conditions.
l. Customers shall have an option to close the Edition Card in accordance with the
Banking Partner Credit Card Terms and Conditions.
8. EDITION WALLET:
a. Edition Wallet (as defined below) is an initiative of Messzz in partnership with RBL
Bank ("Banking Partner") to facilitate digital payments through the Messzz Platform.
For the purposes of these terms and conditions, "Edition Wallet" shall mean the
account opened by the Customer on the Messzz Platform, maintained with the Banking
Partner in accordance with the Banking Partner Terms and Conditions and Conditions
(as defined below).
b. Edition Wallet is presently only available for Customers in India.
d. In order to register, create, use, and close the Edition Wallet, Messzz may require the
Customer to submit certain personal information and documents including but not
limited to Customer’s name, address, mobile phone number, e-mail address, address
proof, PAN Card, driving license etc. to the Banking Partner through the Messzz
Platform, as may be required in accordance with the Banking Partner Terms and
Conditions. Messzz will use these details in accordance with the Privacy Policy
published at www.Messzz.com/privacy.
e. The Customer acknowledges that the KYC details will be verified by the Banking
Partner prior to issuance of Edition Wallet and issuance of Edition Wallet shall be at the
sole discretion of the Banking Partner.
f. The Edition Wallet can be used by the Customer only on the Messzz mobile
application, to make payments for purchases including online orders, tipping Delivery
Partners, Pro/Pro Plus membership purchase/renewals, dining out payments at Partner
Messs, subject to availability of funds in the Customer’s Edition Wallet.
g. The Customer shall be entitled to offers and/or benefits in relation to the use of
Edition Wallet which may be communicated by Messzz from time to time. Such offers
and/or benefits shall be subject to specific terms and conditions and may vary from offer
to offer.
h. The Customer’s Edition Wallet shall have a limit on addition and a balance limit as
communicated to the Customer from time to time.
i. Messzz reserves the right, to offer, alter, extend or withdraw, as the case may be, the
Edition Wallet feature or any offer associated with the Edition Wallet extended by
Messzz at any time with or without giving any prior notice to the Customers. In such
cases, such revision will be updated on the Messzz Platform accordingly.
j. A Customer can cancel the Edition Wallet by raising a request for closure via chat
support. Upon receipt of such request for closure, the Edition Wallet will be permanently
closed and accordingly the associated offers shall be revoked. For clarity, once the
Edition Wallet is permanently closed, the same cannot be reactivated.
k. In the event the Customer cancels the Edition Wallet at any time during the validity of
the Edition Wallet, the Customer will be eligible to receive a refund, as applicable at the
time of such request, in the source account (based on the Wallet balance on the day of
refund initiation) in accordance with the Banking Partner Terms and Conditions and the
applicable RBI guidelines. Upon cancellation of the Wallet, the Customer will lose the
Messzz Pro membership and the associated offers.
XIV. Disclaimer of warranties, limitation of liability,
and Indemnification
1. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS"
AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
MESSZZ, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND
LICENSORS ("MESSZZ PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND
YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE MESSZZ PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS
THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL,
CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA
OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. THE MESSZZ PARTIES WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE
SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MESSZZ OR
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY
AUTHORIZED TO DO SO IN WRITING BY MESSZZ, YOU AGREE THAT IN USING
THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE
NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY
OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED
USER OF SUCH MARKS, NAMES OR LOGOS.
2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE MESSZZ PARTIES BE LIABLE TO YOU FOR ANY DAMAGES
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF
YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE MESSZZ PARTIES ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF
INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY,
AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR
WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR
FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MESSZZ'S
REASONABLE CONTROL. IN NO EVENT SHALL THE MESSZZ PARTIES BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER
ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF
PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS.
Indemnification
You agree to indemnify, defend, and hold harmless the Messzz Parties from and
against any third party claims, damages (actual and/or consequential), actions,
proceedings, demands, losses, liabilities, costs and expenses (including reasonable
legal fees) suffered or reasonably incurred by us arising as a result of, or in connection
with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services
included or advertised in the Services; (iii) your access to and use of the Services; (iv)
your violation of any rights of another party; or (v) your breach of these Terms,
including, but not limited to, any infringement by you of the copyright or intellectual
property rights of any third party. We retain the exclusive right to settle, compromise and
pay, without your prior consent, any and all claims or causes of action which are
brought against us. We reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us and you
agree to cooperate with our defense of these claims. You agree not to settle any matter
in which we are named as a defendant and/or for which you have indemnity obligations
without our prior written consent. We will use reasonable efforts to notify you of any
such claim, action or proceeding upon becoming aware of it.
XV. Termination of your access to the services
1. You can delete your account at any time by contacting us via the "Contact Us"
link at the bottom of every page or by following this process: Go to Profile >
Setting > Security > click on the 'Delete Account' button and ceasing further use
of the Services.
2. We may terminate your use of the Services and deny you access to the Services
in our sole discretion for any reason or no reason, including your: (i) violation of
these Terms; or (ii) lack of use of the Services. You agree that any termination of
your access to the Services may be affected without prior notice, and
acknowledge and agree that we may immediately deactivate or delete your
account and all related information and/or bar any further access to your account
or the Services. If you use the Services in violation of these Terms, we may, in
our sole discretion, retain all data collected from your use of the Services.
Further, you agree that we shall not be liable to you or any third party for the
discontinuation or termination of your access to the Services
XVI. General terms
1. Interpretation:
The section and subject headings in these Terms are included for reference only
and shall not be used to interpret any provisions of these Terms.
2. Entire Agreement and Waiver:
The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall
constitute the entire agreement between you and us concerning the Services. No
failure or delay by us in exercising any right, power or privilege under the Terms
shall operate as a waiver of such right or acceptance of any variation of the
Terms and nor shall any single or partial exercise by either party of any right,
power or privilege preclude any further exercise of that right or the exercise of
any other right, power or privilege.
3. Severability:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by
a judicial court for any reason, then that provision shall be deemed severed from
these Terms, and the remainder of the Terms shall continue in full force and
effect.
4. Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a
partnership or agency between you and Messzz and you shall have no authority
to bind Messzz in any form or manner, whatsoever.
5. Governing Law/Waiver:
(a) For Customers residing in India: These Terms shall be governed by the
laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any
dispute arising under these terms.
(b) For Customers residing in UAE: These Terms shall be governed by the
laws of UAE. The Courts of Dubai shall have exclusive jurisdiction over any
dispute arising under these terms.
(c) For Customers residing in Lebanon: These Terms shall be governed by
the laws of Lebanon. The Courts of Beirut shall have exclusive jurisdiction over
any dispute arising under these terms.
(d) For Customers residing in the United States: These Terms shall be
governed in all respects by the laws of the State of Washington as they apply to
agreements entered into and to be performed entirely within the State of
Washington between Washington residents, without regard to conflict of law
provisions. You agree that any claim or dispute you may have against Messzz
must be resolved exclusively by a state or federal court located in Seattle,
Washington. You agree to submit to the personal jurisdiction of the courts located
within Seattle, Washington for the purpose of litigating all Claims that arise
between You and Messzz.
(e) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION
AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY
OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD
SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING
THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE
OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS
PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY
PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT
CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
6. Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject
to charges by your Internet or mobile service provider, so check with them first if
you are not sure, as you will be solely responsible for any such costs incurred.
7. Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you
acknowledge and agree that you will not link the Services to any website
containing any inappropriate, profane, defamatory, infringing, obscene, indecent,
or unlawful topic, name, material, or information or that violates any intellectual
property, proprietary, privacy, or publicity rights. Any violation of this provision
may, in our sole discretion, result in termination of your use of and access to the
Services effective immediately.
XVII. Notice of copyright infringement
Messzz shall not be liable for any infringement of copyright arising out of materials
posted on or transmitted through the Messzz Platform, or items advertised on the
Messzz Platform, by end users or any other third parties. We respect the intellectual
property rights of others and require those that use the Services to do the same. We
may, in appropriate circumstances and at our discretion, remove or disable access to
material on the Services that infringes upon the copyright rights of others. We also may,
in our discretion, remove or disable links or references to an online location that
contains infringing material or infringing activity. In the event that any Customers of the
Services repeatedly infringe on others' copyrights, we may in our sole discretion
terminate those individuals' rights to use the Services If you believe that your copyright
has been or is being infringed upon by material found in the Services, you are required
to follow the below procedure to file a notification:
i. Identify in writing the copyrighted material that you claim has been infringed upon;
ii. Identify in writing the material on the Services that you allege is infringing upon
copyrighted material, and provide sufficient information that reasonably identifies the
location of the alleged infringing material (for example, the user name of the alleged
infringer and the business listing it is posted under);
iii. Include the following statement: "I have a good faith belief that the use of the content
on the Services as described above is not authorized by the copyright owner, its agent,
or law";
iv. Include the following statement: "I swear under penalty of perjury that the information
in my notice is accurate and I am the copyright owner or I am authorized to act on the
copyright owner's behalf";
v. Provide your contact information including your address, telephone number, and e-
mail address (if available);
vi. Provide your physical or electronic signature;
vii. Send us a written communication to themesszzofficial7@gmail.com
You may be subject to liability if you knowingly make any misrepresentations on a take-
down notice.
2. Grievance Redressal Mechanism:
i. Customer Care Channels
You may write to us at themessofficial7@gmail.com and we will strive to resolve
your order related grievance within the timelines prescribed under applicable
laws.
For Customers residing in India, please note, in compliance with The Information
Technology Act, 2000 and the rules made thereunder, as well as The Consumer
Protection Act 2019, and the rules made thereunder, the grievance redressal
mechanism, including the contact details of the Grievance Officer and Nodal
Officer are given herein above.
Please note: Messzz does not solicit confidential information such as
OTP/CVV/PIN NUMBER/Card number either through call or mail or any other
means. Please do not reveal these details to fraudsters and imposters claiming to
be calling on Messzz’s behalf. You may report such suspicious activities
to themessofficial7@gmail.com.