By accessing and using the Application (as defined below), you as the End User (as defined herein below) agree to be bound by these terms and conditions of use, including any additional guidelines and/or future modifications to these terms and conditions ("Terms"). You agree and acknowledge that the access and use of the Application by You is voluntary and of Your own accord, and that the Terms shall be binding on you, for access and use of the Services (as defined below) for any purpose, in India ("Territory"). Your access and use of the Application shall be subject to the applicable laws, rules and regulations in force in the Territory, and as may be amended from time to time ("Applicable Laws")
The "Application" shall mean the software mobile application provided by Zeta and availed/accessed by You as end user ("You/End User") for availing the Services provided through the Application. Services shall mean the services which allows You (i) to access, at one place, the links to mobile applications of various third party vendors/ suppliers ("Suppliers") and download the said mobile application for the purpose of availing the products and services of such Suppliers, and (ii) to access various deals and offers provided by Suppliers. Supplier Application shall mean the mobile application of the Supplier.
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application and Services, any name, mark or logo related to Zeta and/or the Services are owned either directly by Zeta or Zeta licensors. You should not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and acknowledge that the access and use of the Services and Application shall not be construed to confer on You any rights of any nature including rights in any form of intellectual property contained in the Services and/or Application or related to Zeta. If in the course of accessing and using the Services and Application, You even unintentionally infringe the rights including rights in any form of intellectual property of Zeta or Zeta’s licensors in the Services, You shall immediately cease and desist any such use.
4.2. You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to Zeta, its business, the Services, that You may gain access to during the course of accessing and using the Services. Except as expressly authorized by Zeta, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content comprised in the Application or Services, in whole or in part.
4.3. ZappCash is a trademark of Zeta. All other trademarks are the property of respective owners/Suppliers. In addition, use of such trademarks or links to the Supplier Application is not intended to imply, directly or indirectly, that these Suppliers are endorsed by Zeta or they have affiliation with Zeta.
5.1. The Application and the Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the Services by Zeta. By accepting these Terms and/or by using the Application/Services, You represent that You are at least of the age of 18 years.
5.2. The Application and the Services here under are currently made available to You for Your personal and non-commercial use. Zeta reserves the right to amend or withdraw the Services, provided to You in accordance with these Terms, at any time and for any reason.
5.3. You acknowledge that the terms of agreement with Your respective telecom or internet service provider will continue to apply when using the Services. As a result, You may be charged by the respective telecom or internet service provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from Zeta or dispute the same.
5.4. If You are not the bill payer for the mobile telephone or handheld device being used to access the Services, You will be assumed to have received permission from the bill payer for using the Services.
5.5. You are solely responsible for Your use of the Services. Zeta does not create, monitor, examine or inspect the content delivered to You through the Services, if any. Such content may include links to third-party websites and content. The linked content is not under Zeta’s control and Zeta is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of Zeta.
5.6. You must only use the Services and anything available via the Services for lawful purposes (complying with all Applicable Laws, in a responsible manner, and not in a way that might damage Zeta 's name or reputation or that of any of Zeta 's affiliates or service providers. You agree and acknowledge that the use of the information delivered to You through the Services is Your sole responsibility and that Zeta shall not at any time be held responsible for any unlawful usage of the information secured through the Services, by You.
5.9. You will not, nor allow third parties on Your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
5.10. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j). shall not be false, inaccurate or misleading;
You agree and acknowledge the following:
(i) You are solely responsible for entering the correct information (name, phone number, email address, home address, etc.);
(ii) Zeta is not responsible for faulty internet connection or electricity failure or any other problem on Your side while availing the Services;
(iii) Zeta shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization by the debit card/credit card/internet banking service provider for any transaction done by You through the Application or Supplier Application.
(iv) Zeta shall not in any way be liable for any delay, disruption or defects in the online payment facility provided by any financial institution/bank/payment gateway service provider. You acknowledge that You assume all the risks involved in using the online payment facility provided by the financial institution/bank/payment gateway service providers and Zeta shall not be in any way liable for any damage, loss, expense, liability or detriment caused (directly or indirectly) by a defect in said online payment facility.
(v) As soon as You download the Application, a mobile wallet account for You will get created in the Application. Your said wallet account will be credited with such amount, as specified in the link of the concerned Supplier Application, provided that You download the said Supplier Application and activate the same and comply with such other terms and conditions as specified in the Application and/or concerned Supplier Application. Further Your said wallet account will be credited with the above said amount only in the event when You download and activate the Supplier application for the first time or in the event You download and activate the Supplier Application after the expiry of such number of days (as specified in the Application) from the date of last deactivation of the concerned Supplier Application and subject to the confirmation of such activation from the Supplier. You further agree and acknowledge that any such confirmation by the Supplier is at the sole discretion of the Supplier and Zeta shall not be liable and responsible in any manner whatsoever for any issues, claims, demand, dispute or objection raised by You in respect of such confirmation and the consequent credit/ non-credit of the said amount in Your said wallet account. You agree and acknowledge that the amount credited to Your mobile wallet account, as aforesaid, can only be utilised by You, through the option available in the Application, for recharging any prepaid or paying bills of postpaid mobile phone/ data card connection or DTH account in the Territory, subject however that said amount shall get forfeited and thus shall not be available for any purposes, if not utilised within a period of 60 days from the date of last Activity. Activity here shall mean the opening of the Application or doing any transactions through the Application by You.
(vi)In case You re-set (i.e., reformat) Your mobile device and due to such resetting Your present mobile wallet account balance becomes zero, You have to contact the Grievance Officer (specified details in these Terms) and communicate in writing Your problem along with the International Mobile Station Equipment Identity number (“IMEI”, which is a number uniquely associated with Your mobile device) and after due verification, Zeta may re-credit Your mobile wallet account balance with the correct balance, as on the date on which Your mobile device was re-set, subject to re-installation of Zeta Application by You.
(vii) Upon downloading the Supplier Application by You and/or referring the link to any other person by You for downloading the Application, You will get certain virtual coins in the nature of points having non-monetary value, as per deals and offers of respective Suppliers, provided that such other person download the Supplier Application and activate the same and You and/or such person comply with such other terms and conditions as specified in the Application and/or concerned Supplier Application. These virtual coins in the nature of points having non-monetary value can only be used for accessing/availing the deals available in the Application, as per terms of respective deal. The validity period of availing such coins shall be 60 (Sixty) days from the date of earning the said virtual coins. You specifically agree and acknowledge that said virtual coins can not be converted into cash or monetary value in any case whatsoever.
(viii) Zeta will not be liable to pay any compensation if any error occurs due to any technical or manual fault at the end of the web server holder.
(ix) You are solely responsible for Your mobile handset or device and the internet services that connect Your said device to the Application. x) You are solely responsible for using the reward points towords re-charging pre-paid phone /paying post paid phone bill. Zeta does not control the use of pre-paid phone/post paid phone that is being used to collect reward points or being re-charged to buy Airtime or to paid towords the post paid phone bill. The phone connections are maintained by the respective carriers and Pre-Paid Recharge and Post Paid Bill Pay facility is provided by the 3rd party API Providers to facilitate the electronic pre-paid charge /post paid bill payment. Zeta is not responsible for any act of misuse of Phone services for which services are bought using the reward points collected through the Mobile app.
7.1 The Application contains links to or from third-party Supplier Application, including websites operated by third parties who may have or may not have business relationships with us. We have no control over the content, operations, policies, terms, or other elements of Supplier Application, and we do not assume any obligation to review any Supplier Application. We do not endorse, approve, or sponsor any Supplier Application, or any third-party content, advertising, information, materials, products, services, or other items in such Supplier Applications. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Supplier Application. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Supplier Application. Any activities You engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Supplier Application. Any interactions, correspondence, transactions, and other dealings that You have with any third parties found on or through the Appliaction (including on or via Supplier Application) are solely between You and the third party and we disclaim all liability in connection therewith. We encourage all End Users to review said terms and conditions and privacy policies of third parties Supplier Applications.
7.2 No reference to any third party or third party product or service shall be construed as an approval or endorsement by Zeta of that third party or of any third party product or service. Zeta makes no representations or warranties as to the accuracy or reliability of any information provided on this Supplier Application. Zeta makes no warranties or representations whatsoever with regard to any product provided or offered by any Supplier, and You acknowledge that any reliance on representations and warranties provided by any Supplier shall be at Your own risk.
Zeta reserves the right to modify or discontinue the Service with or without notice to You. Zeta shall not be liable to You or any third party should Zeta exercise its right to modify or discontinue the Service. You acknowledge and accepts that Zeta does not guarantee continuous, uninterrupted or secure access to Application and operation of our Application may be interfered with or adversely affected by numerous factors or circumstances outside the control of Zeta.
You agree and acknowledge that Zeta may collect International Mobile Station Equipment Identity ("IMEI", which is a number uniquely associated with Your mobile device) addresses and application usage information from You when You access the Application or download Supplier Application. Zeta may use the above information, inter alia
for the purpose of getting confirmation from Supplier about the activation of Supplier Application by You; a
to maintain, operate, provide and enhance our Application and Services; and
to comply with legal requirements or process, or where necessary to prevent or investigate fraud, to protect the safety of an individual.
Zeta may share Your personally identifiable information with Suppliers, subcontractors, vendors and other businesses that we employ to perform functions on our behalf. For example, Zeta may employ third parties to send email campaigns or provide marketing assistance, or provide customer service. These entities have access to Your information only for the purposes of performing the functions for which we have engaged them. If such entities have access to Your personally identifiable information, their agreements with us require them to keep Your information confidential.
10.1. These Services are available on handheld mobile devices based on android platform. Zeta will use reasonable efforts to make the Services available at all times. However You acknowledge the Services are provided over mobile networks and dependent on the mobile and internet service providers, so the quality and availability of the Services may be affected by factors outside of Zeta's reasonable control. In the event the Services are unavailable to You for any factors not attributable to Zeta and due to any reasons attributable to any third party service provider, Zeta shall not be responsible for the same in any event whatsoever.
10.2. Zeta does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to access Application or Supplier Application or any other communication system failure which may result in the Services being unavailable. To the extent permitted in law, You hereby agree and acknowledge that You shall not at any time institute any suit, claims, actions, proceedings, against Zeta for any reason relating to the unavailability of the Services.
10.3. You hereby agree and confirm that Zeta shall not be held liable for any unavailability or non-functionality of the Application or Services due to war, industrial action, flood, or act of God. You further agree and confirm that Zeta shall not be responsible for any disruption in the functionality of the Services and/or any unavailability in the Services, arising due to the mobile network provider and/or any other third party, and/or any intermediary who may deliver the Services to You and that You shall not hold Zeta liable for any of the same.
11.1. In order to access and use the Services, You are required to have a mobile device or any compatible device with internet connectivity.
11.2. It is Your responsibility to ensure Your mobile device meets all the necessary technical specifications to enable You to access and use the Services.
You agree that notwithstanding the termination, Zeta will continue to be entitled to use the information supplied by You or collected from You during the use and access of the Services by You.
ZETA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE APPLICATION OR THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY ZETA'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH ZETA OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER ZETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY ZETA IN ITS SOLE DISCRETION. WITHOUT PREJUDICE TO THE AFORESAID, IT IS HEREBY ACKNOWLEDGED BY THE END USER THAT THE AGGREGATE LIABILITY OF ZETA, FOR ANY REASONS WHATSOEVER, WILL NOT EXCEED RS. 100/- (RUPEES ONE HUNDRED ONLY) OR THE TOTAL COST PAID BY THE END USER IN THE PERIOD OF 12 (TWELVE) MONTHS PRIOR TO WHICH THE CLAIM AROSE, WHICHEVER IS LOWER.
14.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, ZETA EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE APPLICATION/SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE INFORMATION DELIVERED THROUGH THE SERVICES. ZETA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. ZETA DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR MOBILE PHONE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
14.2. ZETA DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION AND SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
14.3. ZETA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES SUITABLE FOR YOUR NEEDS. ZETA DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE TO YOUR MOBILE DEVICES WILL BE FREE FROM TECHNICAL INACCURACIES.
14.4. ZETA CANNOT AND DOES NOT GUARANTEE THAT THE APPLICATION AND/OR SERVICES WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SYSTEM.
You agree to indemnify and hold Zeta, the licensors, business partners of Zeta or the service providers and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Application or Services, any unauthorized use of the Application/Services by You, Your violation of these Terms, or Your violation of any rights including rights in any form of intellectual property of any third party and/or any violation of applicable law by You.
Zeta may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use the Services will indicate Your acceptance of the amended Terms. If You do not agree with any of the amended Terms, then You must avoid any further use and access of the Services. Zeta advises You to periodically read these Terms, as it may change from time to time.
18.1These Terms shall be governed by the laws of India. You and Zeta agree to submit to the personal and exclusive jurisdiction of the courts of Punjab. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by Zeta and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Punjab, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the End User who raised the dispute.
18.2 Subject to the provisions of clause 18.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Punjab, India.
The failure of Zeta to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.
You agree and acknowledge that Your relationship with Zeta is not a confidential, fiduciary or other special relationship.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
Name: Sunil Kumar
Email Address: email@example.com (with a copy to firstname.lastname@example.org
Contract telephone number
Board: +91 9876812730
Timing: 10:00 AM to 5:00PM from Monday to Friday except public holiday.
In case You have any complaints or grievance, You may either contact or write to the Grievance Officer on the contact details, as above with a copy to email@example.com. If You believe any materials accessible on or from this Application infringe Your copyright, You may request removal of those materials (or access thereto) from this Application by contacting Grievance Officer as specified above and by providing the following information:
1. Identification of the copyrighted work that You believe to be infringed. (Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.) 2. Identification of the material that You believe to be infringing and its location. (Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.)
3. Your name, address, telephone number and (if available) email address.
4. A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner's behalf.
Zeta Apponomics Lab, SCO 114, Top Floor, Sector 65, Mohali 160062, India. Kind Attention: Sunil Kumar
Zeta Apponomics Lab is a private limited company, registered under the laws of India.