Buyer Agreement and Terms and Conditions
Effective Date (Last Updated): January-25, 2023.
Welcome to Zoozle ’s Buyer Agreement & Terms & Conditions .
This document is an electronic record in terms of Information Technology Act, 2000 (“ IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes and as amended by the IT Act, 2000, from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.zoozle.in, including the related mobile site and mobile application as well as the Seller portal (seller.zoozle.com (hereinafter referred to as “ Zoozle Platform”) is owned and operated by Zoozle Tech Private Limited, a private limited company, incorporated and registered under the Companies Act, 2013, having its registered office at No. 30/1, 4th Floor, Leemans Complex, Cunningham Road, Bangalore, Karnataka, India. (hereinafter, referred to as “ Zoozle” and for all purposes, the personal pronouns like “ we,” “ us,” “ our” be used).
The word ‘User’ shall collectively imply a Seller, a Buyer, and any visitor on the Zoozle Platform seeking/requiring Products through the Zoozle Platform and any other websites (hereinafter collectively referred to as “ Site”) through which Zoozle makes the “ Zoozle E-Commerce Enabler Services” available, subject to this “ Buyers Agreement” & ‘ Terms & Conditions” (hereinafter referred to as “ Buyers Terms” or “ Terms”) including applicable policies available on the Zoozle Platform, notifications and communications sent to You on the Zoozle Platform which are incorporated herein by way of reference. If You transact on the Zoozle Platform, You shall be subject to the policies that are applicable to the Zoozle Platform for such a transaction. By mere use of the Zoozle Platform, You shall be contracting with Zoozle, and these terms and conditions including the policies constitute Your binding obligations to Zoozle. For the purpose of the Buyer Terms, wherever the context so requires, ‘ You’ and ‘ Your’ shall relate to any natural or legal person who has agreed to become a Buyer on the Platform by providing registration data while registering on the Platform using computer systems.
When You use any current or future services provided by us through the Zoozle Platform, You will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Buyers Terms and considered a part and parcel of the Buyers Terms. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Buyer Terms at any time. We will notify You through any of the communication modes as mentioned in this Buyer Terms in case of any changes or updates to the Buyer Terms that materially impact Your use of the Zoozle Platform. Your continued use of the Zoozle Platform following the changes or updates will mean that You accept and agree to the revisions. As long as, You comply with the Terms, we grant You a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Zoozle Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE BUYER TERMS.
PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. By implicitly or expressly
accepting the Buyer Terms, You also accept and agree to be bound by all of Zoozle’s policies applicable to You, as amended, from time to time.
The Zoozle Platform and Zoozle E-Commerce Enabler comprise an online platform through which the Seller may create Listed Products that You may learn about, connect, and buy Listed Products directly from the Seller or through Zoozle entrepreneurs. You understand and agree that Zoozle is not a party to any agreements entered into between Seller and You, nor is Zoozle a provider of any goods and/or Listed Products and/or services, an agent or insurer. Zoozle cannot and has no control over the content contained in any Listed Products and the condition, legality or suitability of any Listed Products and the conduct of Seller . Zoozle is not responsible for any/all Listed Products and disclaims any and all liability related to the maximum extent permitted by law for any/all Listed Products. Accordingly, any sales accepted will be at Your own risk.
Interpretations & Definitions
Clauses in this Terms are inserted for convenience only and shall not be used in its interpretation unless inserted for specific meaning/s. In these Terms, unless the context clearly indicates a contrary intention, a word or an expression which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa) and the following words and expressions shall bear the meanings assigned to them below (and cognate words and expressions shall bear corresponding meanings):
“ Affiliate” means with respect to a person, any other person which directly or indirectly controls, or is controlled by, or is under common control with, the specified person. For purposes of the preceding sentence, “control” of a person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person, or direct or indirect ownership (beneficially or of record) of, or direct or indirect power to vote, 50% (fifty percent) or more of the outstanding shares of any class of capital stock of such person (or in the case of a person that is not a corporation, 50% (fifty percent) or more of any class of equity interest).
“ Applicable Law” means any Indian statute, law, ordinance, regulation, rule, order, bye law, administrative interpretation, writ, injunction, directive, judgment or decree or other instrument which is for the time being in force in India.
“ Buyer” means independent person, individual, firm or company or any organization or any legal entity of existence under the governance of the country, who visits or uses our Site in order to avail/ buy and receive Listed Products offered by the Seller and is available on our Site, application and Platform Services for monetary compensation / consideration.
" Collective Content" means Seller Content and Zoozle Content.
" Content" means text, graphics, images, audio, video, software (excluding the application), information or other materials of promotion of the Listed Products displayed by the Seller for sale, on the Site, application, and Zoozle Platform Services .
“Deliverables” means any quantum of Listed Products agreed and provided (for an agreed monetary compensation/consideration) and to be delivered by the Seller to a Buyer to complete the sale.
“ Intellectual Property” means trade name, trademark, logo, copyright, service mark used by Zoozle in relation to its business and any other form of intellectual property.
“ Jurisdiction” means the authority of the courts of Bangalore city, Karnataka, INDIA, only, in case of any legal implication/cases.
" Listed Products" means an offer to sell and deliver products that is posted by a Seller via the Zoozle Platform.
" Seller Content" means all Content that a Seller posts, uploads, publishes, submits, transmits, or includes in their Listed Products or Seller profile to be made available through the Zoozle Platform.
“ Platform” means the information technology online platform with related technology and applications that operates the Site & application of Zoozle .
“ Platform Services” means any services offered to the Buyers through ‘Zoozle’ and including but not limited to providing end to end IT solutions by offering the Zoozle Platform to the Buyers to make their selection vide a variety of options, shortlisting the Seller and placing orders, providing payment gateways vide third party/ies, providing technology solutions, interactions via email, phone, messaging services etc. and providing ancillary services to the Buyers.
“ Products” shall mean the product purchased by the Buyer from the Seller through Zoozle Platform.
“ Seller” means independent person, individual, firm or company or any organization or any legal entity of existence under the governance of the country, who is providing Listed Products to Buyer through the Zoozle Platform and who is accepted by Zoozle for the purpose of providing such Platform Services.
“SNS” means certain third-party Social Networking Sites (SNS ) (including, but not limited to, all third parties through which You access our Site, application, and Platform Services .
“ Sale Price” means the total price in INR (inclusive of taxes but can/may be shown, calculated, and added separately) quoted and displayed by the Seller on Zoozle Platform , to the Buyer who wishes to avail the Listed Products from an approved Seller on the Zoozle Platform .
“Buyer Terms ” means the entirety of this ‘Terms and Conditions ’. “Zoozle Account ” shall mean Buyer’s account on the Zoozle Platform.
" Zoozle Content" means all Content that Zoozle makes available through the Zoozle Platform and Zoozle E-Commerce Enabler, including any Content licensed from a third party.
“Zoozle Group Entities” means all the subsidiaries and Affiliates of Zoozle.
Certain areas of the Zoozle Platform (and your access to or use of certain aspects of the Platform Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Zoozle Platform, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Zoozle Platform, or Collective Content.
Conditions Relation to Your Use of Zoozle Platform
If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details You provide us with are correct and complete and inform us immediately of any changes to the information that You provided when registering. You agree and acknowledge that You will use Your account on the website to purchase products only for Your personal use and not for business purposes. Further, under no circumstance will Zoozle call or ask for any password or OTP from the Buyer. In the event, if You share your password or OTP with any person or entity who may or may not be associated with Zoozle in relation to any order or Products purchased from the Zoozle Platform, it shall be your sole responsibility and Zoozle would not take any liability for the same.
As per the Zoozle’s policies, You must be of at least 18 (Eighteen) complete years of age to register, access or use the Zoozle Platform of Zoozle, and represents and warrants that You are of legal age to form a binding contract and meet all the eligibility requirements to enter into a valid contract. If the Zoozle suspect that You are under the age of 18 (Eighteen) complete years, the reporting mechanism available through this Site will be followed. If You are accessing or using the Site on behalf of another person or entity, You represent that they are authorized to accept these Buyer Terms and that the person or entity agrees to be responsible to Zoozle, if You or the other person or entity violates these Buyer Terms. If You do not meet any or all of the Buyer Terms, we request not to register with us.
Zoozle’s Role as a Facilitator
The Zoozle Platform acts as a platform that Users utilise to independently meet and interact with one another for their transactions. Zoozle is not and cannot be a party to any transaction or dispute between users on the Platform. Zoozle is not a seller of the Products, agent, or insurer. Unless explicitly specified otherwise in the Zoozle Platform, Zoozle's responsibilities are limited to: (i) facilitating the availability of the Zoozle Platform and Zoozle E-Commerce Enabler Services; and (ii) serving as the limited payment collection agent of each Seller for the purpose of accepting payments from Buyer on behalf of the Seller. The Zoozle Platform can be used to facilitate and sale of Listed Products.
Zoozle may provide the following services to the Buyers for facilitation of sale of Listed Products:
Information and assistance in relation to the Listed Products and sale thereof;
Information in relation to the status of the order placed by Buyers;
Operating a customer helpdesk for other inquiries in relation to products and orders; and
Buyers complaints and grievances.
You agree and undertake to fully co-operate with the Zoozle as reasonably required, in connection with any customer-service functions undertaken by Zoozle. Further, You agree and acknowledge that once an order is placed for the Products on the Zoozle Platform and accepted by the Seller, it cannot be cancelled.
Buyer agrees, acknowledges and undertakes that Zoozle has a definite return policy and it shall be followed in case of return of any Products to the Seller. Return policy is applicable to only those Products that the Buyers have received in a condition that is physically damaged, has missing parts or accessories, defective or substantially different from their description on the product detail page of Zoozle Platform. Return will be processed only when it is established that:
the Product was not damaged while in the possession of the Buyer;
the Product is not different from what was shipped to the Buyer;
the Product returned by the Buyer is in its original condition and form;
the Product is not covered in the non-returnable category.
Procedure for return of Products:
To qualify for Zoozle’s return policy, Buyers have to record a video of unboxing of the package delivered to them and further upload this video on the return window of the official website of Zoozle while filing for a return or email on [email protected] Return/replacement has to be claimed within 7 (seven) days from the date of delivery of the Product. Zoozle will verify the videos uploaded and will initiate the return process post receipt of the return request and verification. Zoozle follows a strict return procedure and will not accept any return request without verifying the unboxing videos of the damaged or wrong Products. Refund for the returned Products will be initiated 15 (Fifteen) days after the Product is received by the respective Seller and is duly verified. In the event of any discrepancy found in the returned product, return request shall stand cancelled.
Access to Zoozle
You agree, understand and acknowledge that your access to and use of the Zoozle Platform, cannot be assured/guaranteed due to the nature of the internet. Your access to the Platform Services available on the Zoozle Platform may also be occasionally interrupted, suspended or restricted, without prior notice, from time to time as a result of equipment malfunction, updating, maintenance, introduction of new Products or repair of the Platform Services available on the Zoozle Platform or any other reason within or outside of Zoozle’s control. Zoozle will attempt to & if within its control, limit the frequency and duration of any such interruption, suspension or restriction. Zoozle reserves the right to suspend or discontinue the availability of the Platform Services available on the Zoozle Platform, any service or remove any content at any time at its sole discretion without prior notice. Zoozle may also impose limits on certain features and services or restrict the Your access to parts of or all of the Platform Services available on the Zoozle Platform without prior notice or liability. The Zoozle Platform shall not be used or relied upon for storage of the Your content and are directed to retain copies of all your content posted on the Zoozle Platform.
Consent to Communication
When You visit Zoozle Platform, You are communicating with Zoozle electronically. You will be required to provide a valid login ID and password while visiting the Site or using the Zoozle Platform. We may communicate with You by e-mail, SMS, phone call, chat, instant messages, text messages or by posting notices on the Zoozle Platform or by any other mode of communication. For contractual purposes, You consents to receive communications (including transactional, promotional and/or informative/commercial communication), from us with respect to Your use of the Zoozle Platform and/or order/s placed by You on the Zoozle Platform.
Intellectual Property Rights
This Policy does not convey to you any rights of ownership in or related to the Zoozle Platform and Zoozle E-Commerce Enabler Services, the Zoozle technology or the intellectual property rights owned by Zoozle. The Zoozle name, the Zoozle logo, and the product names associated with the Zoozle Platform and Zoozle E-Commerce Enabler Services are trademarks of Zoozle or third parties, and no right or license is granted to use them.
Notwithstanding anything agreed between the Seller and the Buyer, both Seller and Buyer shall grant to Zoozle, and its Principals / Affiliates the irrevocable and unrestricted rights to such content throughout the world in any media, non-exclusive, royalty-free, without any consideration or compensation, perpetual, non-exclusive, fully transferable license, with right to sublicense, to use, publish, view, copy, adapt, modify, translate, create derivative works, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, reproduce, and distribute the copyrighted work (images/photographs/videos/audios) in any manner and medium for a) personal, non-profit uses; b) commercial uses; and c) editorial purposes.
You agree that the rights granted above are irrevocable during the entire period of protection of the Your intellectual property rights associated with such content and material.
Licence to Access Zoozle Platform
Subject to Your compliance with these Buyer Terms and on payment of applicable fees, if any, Zoozle grants You a limited non-exclusive, non-transferable licence to access the Zoozle Platform, to (i) access and view any Zoozle Content solely for Your personal and non-commercial purposes and (ii) access and view any Seller Content to which You are permitted access, solely for Your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
Zoozle reserves all rights in the Zoozle Platform not expressly granted to You by these Buyer Terms.
You acknowledge that Zoozle reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Zoozle reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Any unauthorised use will terminate the permission or license to the Buyer, to access this Zoozle Platform, granted by Zoozle and / or its principals & Affiliates, as applicable.
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, tax obligations that may apply to Your use of the Zoozle Platform and Collective Content (photographs, audio, video, code, information, data, text, music, sound, graphics, messages or other materials included as Seller Content, that you submit, post, publish or display) anywhere on the Zoozle Platform.
You must not use the Zoozle Platform in any way that causes, or is likely to cause, the Zoozle Platform or access to it to be interrupted, overburdened, damaged or impaired in any way. You understand that you, and not Zoozle, is responsible for all electronic communications and content sent from your computer / laptop / tablet / mobile or any similar communication device to us and You are permitted to use the Zoozle Platform for lawful purposes only. Zoozle reserves the right to investigate any content and take appropriate legal action against anyone who, in Zoozle’s sole discretion, violates this provision, including without limitation, removing the content from the Zoozle Platform, suspending or terminating the account of such violators and reporting the Buyers to the law enforcement authorities.
You must not and agrees not to use the Zoozle Platform for any of the following:
To register for more than one Zoozle Account or register for an Zoozle Account on behalf of an individual other than yourself;
To recruit or otherwise solicit any Buyer, employee, consultant or any other person professionally associated with Zoozle to join third-party Services or Sites that are competitive to Zoozle, without Zoozle's prior written approval.
To interfere with, disrupt and/or damage the Zoozle Platform or servers or networks connected to the Zoozle Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Zoozle Platform.
To access, tamper with, or use non-public areas of the Zoozle Platform, Zoozle's computer systems, or the technical delivery systems of Zoozle's providers.
To attempt to probe, scan, or test the vulnerability of any Zoozle system or network or breach any security or authentication measures.
To use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Zoozle Platform or Collective Content.
To avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Zoozle or any of Zoozle's providers or any other third party (including another Seller) to protect the Zoozle Platform or Collective Content.
To forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Zoozle Platform or Collective Content to send altered, deceptive or false source-identifying information.
To systematically retrieve data or other content from our Zoozle Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
To attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Zoozle Platform or Collective Content or to advocate, encourage, or assist any third party in doing any of the foregoing.
If it contains, without limitation, any software viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or any other files or programs designed to interrupt, destroy or limit the functionality of any communication device software or hardware or telecommunications equipment.
To upload, post, publish, submit or transmit any content under any law or under contractual or fiduciary relationships that (i) infringes, misappropriates or violates any persons’ or entity or a third party's patent, copyright, trademark, trade secret, moral rights, intellectual property rights, rights of publicity, privacy rights and contractual rights. (ii) If it is objectionable, illegal, unlawful, harmful, threatening, harassing, defamatory, tortious, excessively violent, vulgar, obscene, pornographic, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is fraudulent, false, misleading or deceptive; (v) violates, or encourages any conduct that would violate, any applicable law or regulation or would promote any harmful and/or criminal activity or give rise to civil liability; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (viii) If it causes annoyance, inconvenience or needless anxiety and poses or creates a privacy or security risk to any person or is otherwise injurious to third parties; (ix) Relates to or promotes money laundering or gambling; (x) Harmful to minors in any way; (xi) Threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; political campaigning and likewise.
If it is ethically objectionable, disparaging or in breach of copyright, trademark,
confidentiality, invasive of another’s privacy of any/all other proprietary information or right;
To Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity; to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
To harvest, gather or collect email addresses or other contact information of other Buyer’s or third-parties from the Zoozle Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
To "stalk" or “harass” any other Buyers of our Zoozle Platform or Collective Content, or collect or store any personally identifiable information about any other Buyers.
To contact a Buyer for any purpose other than asking a question related to Listed Products.
To find a Seller or Buyer and then complete a sale of Products independent of the Zoozle Platform, in order to circumvent the obligation to pay any fees related to Zoozle's provision of the sale of Products or for any other reasons.
In the sole judgment of Zoozle, is objectionable or which restricts or inhibits any other person from using or enjoying the service, or which may expose Zoozle or its Buyer to any harm or liability of any type.
Zoozle has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Zoozle may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Zoozle or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements, such as these, (iii) for fraud
prevention, risk assessment, investigation, Buyer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Zoozle, its members, or members of the public.
You acknowledge that Zoozle has no obligation to monitor your access to or use of the Zoozle Platform or Collective Content or to review or edit any Seller Content, but has the right to do so for the purpose of operating and improving the Zoozle Platform (including without limitation for fraud prevention, risk assessment, investigation and Buyer support purposes), to ensure your compliance with these Buyer Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Buyer Terms. Zoozle reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Zoozle, at its sole discretion, considers to be objectionable for any reason, in violation of these Buyer Terms or otherwise harmful to the Zoozle Platform.
Any information or advertisements uploaded on, distributed through, or linked, downloaded or accessed from any of the services contained on the Zoozle Platform or any offer displayed on or in connection with any service offered on the Zoozle Platform (" Platform Information") is intended, solely to provide general information for the personal use of the Buyers, who fully accept any and all responsibility and liabilities arising from and out of the use of such Platform Information.
Any references on the Zoozle Platform to a Seller being "verified" or "connected" (or similar language) only indicate that the Seller has completed a relevant verification process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Zoozle about any Seller, including of the Seller 's identity and whether the Seller is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Buyers to evaluate when they make their own decisions about the identity and suitability of others whom they contact or interact with via the Zoozle Platform. We therefore recommend that Buyers always exercise due diligence and care when deciding whether to enter into a contract for Products. Accordingly, we encourage Buyers to communicate directly with Sellers on the Zoozle Platform regarding any sale or Listed Products made by the Sellers.
Reviews, Comments, Communications, and Other Content
You may on the Zoozle Platform, post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, feedback or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In the event, You use a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Zoozle reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Zoozle violates these Buyer Terms and, or terminate the Your permission to access or use the Zoozle Platform.
Claims against Objectionable Content
Because Zoozle lists many Products for sale offered by Sellers on the Zoozle Platform and hosts hundreds and thousands of comments, it is not possible for us to be aware of the contents
of each service listed for offer on sale, or each comment or review that is displayed. Accordingly, Zoozle operates on a "notice and takedown" basis.
If we believe that any content on the Zoozle Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content"), Zoozle reserves the exclusive rights and authority to check, investigate and remove, if found necessary, such Objectionable Content immediately without any prior notice.
If You believe a member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) suspect of stealing from you, or (iii) engages in any other disturbing conduct, You should immediately report to Zoozle by contacting us.
You agree understands and acknowledges that the Zoozle Platform is an online platform that enables You to search, select and make purchases of Products from the Sellers listed on the Zoozle Platform at the price/value indicated therein at any time from any location in India.
You further agree understands and acknowledges that Zoozle itself does not provide any Products and is only a facilitator and is not and cannot be a party to or control in any manner any transactions made by the Seller on the Zoozle Platform. Further, Zoozle holds no responsibility or assurity regarding the authenticity of price and quality of the Products of the Seller, in case of any discrepancy found in relation to the price or quality of the product, Zoozle shall not be held liable for any damage or loss occurred to You. In no event, any suit or proceedings or claims shall lie or be initiated by You, against Zoozle for any damage or loss caused, due to the usage or consumption of the Products of the Seller. However, Zoozle shall extend all their assistance in resolving the dispute between You and Seller amicably but shall not be a party of any dispute between You and Seller. It is expressly stated that Zoozle’s responsibilities are limited to the obligations as mentioned in these Buyer Terms. There are risks that the You must assume when dealing with the Seller (including those who may be acting under false pretences). You agree to use the Zoozle Platform or collective content and that any/all these risks are borne by You, and not Zoozle.
You agrees & acknowledges that: (i) Zoozle is not a party to any agreements entered between Seller and You, (iii) Zoozle provides and facilitates payment processing services, (iv) Zoozle is not a broker, agent, or insurer (iv) Zoozle doesn’t guarantee the quality, delivery and authenticity of the Listed Product purchased by a You through Zoozle Platform.
You further agree, understand, acknowledge, and undertake that You are accessing the Zoozle Platform and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Zoozle Platform. The Zoozle E-Commerce Enabler Services provided are on an “as-is” and “as-available” basis. Without limiting the foregoing, Zoozle explicitly disclaims all warranties or representations whether expressed, implied or statutory, including but not limited to, the implied warranties of merchantability, quality,
suitability, accuracy, reliability, completeness, reliability, timeliness, truthfulness, performance, safety, fitness for a particular purpose, title and non-infringement, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade or legality of the Zoozle Platform listed or displayed or transacted or the content (including service or pricing information and/or specifications) on the Zoozle Platform.
Zoozle makes no warranty that the Zoozle Platform, Collective Content, including, but not limited to, (i) the type and quality of any information, or other purchases or obtained by You, may meet any specific or general requirements, (ii) the Zoozle E-Commerce Enabler Services may be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Zoozle E-Commerce Enabler Services will be of accuracy, reliability, timeliness, truthfulness, completeness of any collective content (iv) the Listed Products, may meet Your requirements or be delivered on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Zoozle or through the Zoozle Platform or collective content, will create any warranty not expressly made herein.
You agree to take reasonable precautions and shall be solely responsible for all of Your communications and interactions with the Sellers on the Zoozle Platform and with other persons with whom you communicate or interact as a result of Your use of the Zoozle Platform, particularly if You decide to meet offline or in person regardless of whether such meetings are organized by Zoozle or not. Notwithstanding anything herein, Zoozle is appointed as the limited payment collection agent on behalf of the Seller for the purpose of accepting payments from You only. Zoozle explicitly disclaims all liability for any act or omission of any You or other third party.
While we have taken precautions to avoid inaccuracies in content on this Zoozle Platform, all content, information (including the price of Products), software and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Products on the Zoozle Platform. At no time shall any right, title or interest in the third-party Products sold through or displayed on the Zoozle Platform vest with Zoozle nor shall Zoozle have any kind of obligations or liabilities in respect of any transactions on the Zoozle Platform.
Links to third-party Websites
The Zoozle Platform may contain links to third-party websites or resources. You acknowledge and agree that Zoozle is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Products on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by
Zoozle of such websites or resources or the content, products, or Products available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products or Products on or available from such websites or resources.
Third party beneficiary
These Buyer Terms do not and are not intended to confer any rights or remedies upon any person other than the parties involved. Notwithstanding the foregoing, the parties agree that the payment gateway companies are third party beneficiaries of these Buyer Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Buyer Terms.
Limitation of Liability
IN NO EVENT SHALL ZOOZLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE BUYER TERMS, EVEN IF ZOOZLE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity and Release
You hereby expressly acknowledge, understand and agree to release, defend, indemnify and hold harmless, Zoozle, its principals, affiliates and subsidiaries & and their respective founders, co-founders, directors, officers, agents and employees (collectively known as “ Indemnitees”), harmless from any and/or all cost, damage, liability, claims or demands, losses, (direct or indirect losses, including but not restricted to, incidental, special, consequential, exemplary damages, or damages for loss of profits, loss of goodwill, use, data or other intangible losses), expenses, including reasonable legal and accounting fees, or other consequential losses, actions against any Seller Content, arising out of or in any way connected with i) Your access to or use of the Zoozle Platform, or Collective Content; ii) sale of Products; iii) Your violation of these Buyer Terms or Your violation of any rights of another, or actions of any kind and injury (including death) arising out of or relating to Your use of the Zoozle Platform; iv) The cost of procurement of substitute/alternate Products resulting from any data, information or Products purchased or obtained or messages received or transactions entered into through or from the access to or use of the Zoozle Platform; vii) Unauthorized access to or alteration of or transmissions of data of any other Seller Content; viii) Statements or conduct of any third party on the Zoozle Platform; ix) Any other matter relating to the service, loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both, You and us when you commenced using the Zoozle Platform.
You shall at no point hold Zoozle responsible for any delay or failure to comply with the obligations under these Buyer Terms, if there is any delay or failure arising from any cause/ reason which is beyond the reasonable control of Zoozle.
Zoozle Technology & Software
The technology and software underlying the Zoozle Platform is the sole property of Zoozle. Additionally, the Buyer Terms found here, apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to You from time to time for Your use of Zoozle E-Commerce Enabler Services or any other services.
You may use the Zoozle Platform (including any updates or upgrades to the software, website, and any related documentation) solely for purposes of enabling Your use and enjoy the Zoozle E-Commerce Enabler Services as provided by Zoozle, and as permitted by the Buyer Terms. You will not incorporate any portion of the Zoozle Platform into Your own programs or compile any portion of it in combination with Your own program/s, transfer it for use with another service/s, or sell, rent, lease, lend, loan, distribute or sub-license the ‘Software’ or otherwise assign any rights to the ‘Software’ in whole or in part. You will not use the ‘Software’ for any illegal purpose. We may cease providing the Zoozle Platform and may terminate the rights to use the Zoozle Platform, in part or whole, at any time. Your right to use the ‘Software’ will automatically terminate without notice from us if You fail to comply with any of the ‘Zoozle Platform Terms’, the “Terms & Conditions’’ or any other terms. Additional third-party terms contained within or distributed with certain the ‘Zoozle Platform’ that are specifically identified in related documentation may apply to that the ‘Zoozle Platform’ (or any other software incorporated with the ‘Zoozle Platform’) and will govern the use of such software in the event of a conflict with these Buyer Terms. All software used in any Zoozle E-Commerce Enabler Services is the property of Zoozle and/or its principals & affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
You agree not to, and will not encourage, assist or authorize any other person to copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or disassemble, or otherwise tamper with, the ‘Zoozle Platform’, whether in whole or in part, or create any derivative works from or of the ‘Zoozle Platform’ or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Zoozle Platform. Any rights not expressly granted herein are reserved by Zoozle.
In order to keep the ‘Software’ up to date, we may offer automatic or manual updates at any time without any prior notice to You.
The failure of Zoozle to enforce any right or provision of these Buyer Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zoozle. Except as expressly set forth in these Buyer Terms, the exercise by either party of any of its remedies under these Buyer Terms will be without prejudice to its other remedies under these Buyer Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Buyer Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Buyer Terms will remain in full force and effect.
Amendment of Buyer Terms
Zoozle reserves the right, at its sole discretion, to make changes, amends, modifications, additions and likewise to the Zoozle Platform, policies and/or modify the Buyer Terms, or any policy or guidelines of Zoozle E-Commerce Enabler Services, including the Zoozle fees, at any time without prior notice. All modifications made in these Buyer Terms will be effective
immediately upon posting on the Zoozle Platform and will replace any prior version unless prior versions are specifically referred to or incorporated into the latest modification. Upon modification, Zoozle will post the changes on this page and will indicate at the top of this page the date these Buyer Terms were last revised. You agrees to routinely monitor the Buyer Terms to review and become familiar with such modifications. Your continued use of the Zoozle Platform, after such modification will be construed as manifestation of Your assent to the amends, modifications, additions and likewise to the Buyer Terms. You will be subject to the policies and Buyer Terms in force at the time that You use the Zoozle Platform or order Products from the Zoozle Platform, unless any change to those policies or these Buyer Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by the Buyer). If any of these Buyer Terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. If the modified Buyer Terms are not acceptable to You, Your only recourse is to cease using the Zoozle Platform.
In case, You breach any/all of these Buyer Terms at any given time, Zoozle reserves all rights and will always be entitled to take corrective measures and approach remedies to safeguard its interests.
Dispute Resolution & Arbitration; Governing law; and Jurisdiction
Dispute Resolution & Arbitration: You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these Buyer Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Zoozle Platform (collectively called here as " Disputes") will be settled by (a) mutual & amicable solutions & settlements; or
(b) in accordance with provisions of the Arbitration and Conciliation Act, 1996.
When the arbitrator is appointed by any court, the arbitrator may or may not consolidate more than one person's claims and may or may not otherwise preside over any form of any class or representative proceeding. However, each party retains the right to seek injunctive or other equitable relief in, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If this specific paragraph on Disputes and Arbitrations is held unenforceable by any court of law or any other relevant authority, then the entirety of this " Dispute Resolution " section will be deemed void. Except as provided in the termination clauses herein, this section will survive any termination of these Buyer Terms.
Governing Law: The Buyer Terms are governed and construed in accordance with the laws of India. Any arbitration process shall be subject to the ‘Arbitration & Conciliation Act, 1996’ and if subsequently revised thereafter.
Any party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the ‘Arbitration & Conciliation Act, 1996’ (Hereinafter called as ‘Act’ ). The arbitrator will be either a retired judge or an attorney licensed to practice law in the city of Bangalore/Bengaluru in the state of Karnataka (INDIA) and will be selected by the parties from the respective courts roster of consumer dispute arbitrators.
The arbitrator may give its decision, within the time frame specified in the Act. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the
judgment on the arbitration, and this may be filed in any court having jurisdiction thereof. The arbitrator's judgement must be consistent with the Buyer Terms of the " Limitation of Liability " section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. However, both parties hereby waive all the rights it/they may have under applicable law to recover, lawyers' fees and expenses if the arbitration judgement prevails. Both parties also agree to and shall be responsible to pay any arbitration filing, administrative and arbitrator fees as set forth in the Act.
Notwithstanding the provisions of the "Amendment of Terms/Modification" section above, if Zoozle changes this "Dispute Resolution" section after the date You first accepted these Buyer Terms (or accepted any subsequent changes to these Buyer Terms), you may reject any such change by sending us written notice (including by email) within 7 (Seven) working days of the date such change became effective, as indicated in the "Last Updated Date" above or, if sent, in the date of Zoozle's email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Zoozle in accordance with the provisions of this "Dispute Resolution" section as of the date You first accepted these Buyer Terms (or accepted any subsequent changes to these Buyer Terms).
Jurisdiction: These Buyer Terms and your use of the Zoozle Platform will be interpreted in accordance with the laws of India, without regard to any conflict-of-law provisions. Whenever the dispute, action, suit, or other legal proceedings are commenced to resolve any matters arising thereof and/or presented for arbitration in the courts, the sole & exclusive jurisdiction will be with the courts at Bangalore, (Bengaluru), Karnataka, India.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Buyer Terms, will be in writing and given by Zoozle (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Write to Zoozle on:
Address: 4 th Floor Leemans Complex Cunnigham Road Bangalore - 560051
These Buyer Terms constitute the entire and exclusive understanding and agreement between Zoozle and You regarding the Zoozle Platform, Zoozle E-Commerce Enabler Services, Collective Content, and any sales or Listed Products made via the Zoozle Platform, and these Buyer Terms, supersede and replace any and all prior oral or written understandings or agreements between Zoozle and You.
We welcome and encourage You to provide feedback, comments and suggestions for improvements to the Zoozle Platform (" Feedback").
You may submit Feedback by emailing us, through [email protected] or by other means of communication. You acknowledge and agree that all Feedback, You give us will be the sole and
exclusive property of Zoozle and You hereby irrevocably assign to Zoozle and agree to irrevocably assign to Zoozle all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights You may have in such Feedback. At Zoozle's request and expense, You will execute documents and take such further acts as Zoozle may reasonably request to assist Zoozle to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.