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ZipyDo Legal

Terms and Conditions

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.zipydo.com website and Zipydo application for mobile and handheld devices.

Terms Of Use

  1. These terms of use (the “Terms of Use”) govern your use of our website www.zipydo.com (the “Website”) and our “Zipydo” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Zipydo and you signify your acceptance to the Terms of Use and other Zipydo policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
  2. The Platform is operated and owned by Zipydo Technologies Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at VP08, Pruksa Silvam, Virgonagar P.O., Bangalore 560 049. For the purpose of these Terms of Use, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms “Zipydo”, “we”, “us” or “our” shall mean Zipydo Technologies Private Limited.
  3. Zipydo enables transactions between participant restaurants/merchants and buyers, dealing in prepared food, beverages and grocery products (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale by various neighbourhood merchants including but not limited to the restaurants, eateries and convenience retail stores (“Merchant/s”), on the Platform and Zipydo enables delivery/pickup of such orders at select localities of serviceable cities across India (“Delivery/Pickup Services”). The Platform Services and Delivery/Pickup Services are collectively referred to as “Services”.
  4. AMENDMENTS

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Zipydo policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Zipydo policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other Zipydo policies. As long as you comply with these Terms of Use, Zipydo grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Zipydo policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

  1. Use of Platform and Services
  2. All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery/pickup, warranties related to products and services and after sales services related to products and services. Zipydo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Zipydo may, however, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants.
  3. Zipydo does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Zipydo takes no responsibility for such offers.
  4. Zipydo neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Zipydo accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  5. Zipydo is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Zipydo cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Zipydo is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  6. Zipydo is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Zipydo hold any right, title or interest over the products nor shall Zipydo have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
  7. Zipydo is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, Zipydo shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
  8. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
  9. Zipydo - Use of the Website and Apps (Android and iOS)

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

  2. belongs to another person and which you do not have any right to;

  3. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;

  4. is misleading or misrepresentative in any way;

  5. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

  6. harasses or advocates harassment of another person;

  7. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

  8. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

  9. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

  10. promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  11. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

  12. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

  13. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  14. contains video, photographs, or images of another person (with a minor or an adult);

  15. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  16. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Zipydo’s prior written consent means a communication coming from Zipydo’s Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

  17. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

  18. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;

  19. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

  20. harm minors in any way;

  21. infringes any patent, trademark, copyright or other intellectual property 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 products;

  22. violates any law for the time being in force;

  23. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  24. impersonate another person;

  25. 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;

  26. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;

  27. is false, inaccurate or misleading;

  28. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

  29. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

  30. You may access the Platform by registering to create an account (“ Zipydo Account”) and become a member (“ Membership”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“ SNS”) (including, but not limited to, Facebook); each such account, a “ Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Zipydo Account with Third Party Accounts, by either:

  31. providing your Third Party Account login information to us through the Platform; or

  32. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

  33. Bookings and Financial Terms

  34. The Platform allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable delivery/pickup of such order to you.

  35. The food products will be delivered to a secured storage unit, which can be unlocked by using the Zipydo App. The act of pickup and removal of food products by you from the unlocked storage unit and closure of the unit will be considered as placing order for the removed products and accepting delivery of the same.

  36. Zipydo do not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery/pickup location serviceability.

  37. As a general rule, all food orders placed on the Platform are treated as confirmed.

  38. However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery/pickup time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

  39. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Zipydo reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.

  40. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery/pickup. You understand, accept and agree that the payment facility provided by Zipydo is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery/pickup, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Zipydo is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

  41. You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.

  42. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

  43. In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described under clause VII (6) above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

  44. The final tax bill will be issued by the Merchant to the Buyer along with the order and Zipydo is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Zipydo holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

  45. The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).

  1. The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Zipydo.

  2. The transaction is bilateral between the Merchant and Buyer and therefore, Zipydo is not liable to charge or deposit any taxes applicable on such transaction.

  3. We reserve the sole right to cancel your order in the following circumstance:

  4. in the event of the designated address falls outside the delivery/pickup zone offered by us;

  5. failure to contact you by phone or email at the time of confirming the order booking;

  6. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery/pickup; or

  7. unavailability of all the items ordered by you at the time of booking the order; or

  8. unavailability of all the items ordered by you at the time of booking the order; or

  9. You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:

  10. your order packaging has been tampered or damaged at the time of delivery/pickup;

  11. us cancelling your order due to (A) your delivery/pickup location following outside our designated delivery/pickup zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

  12. you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

  13. In case of payment at the time of delivery/pickup, you will not be required to pay for:

  14. orders where the packaging has been tampered or damaged by us;

  15. wrong order being delivered; or

  16. items missing from your order at the time of delivery/pickup.

  17. You agree and acknowledge that we shall not be responsible for:

  18. The services or goods provided by the Merchant including, but not limited, serving of food orders suiting your requirements and needs;

  19. The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;

  20. The availability or unavailability of certain items on the menu; or

  21. The Merchant serving the incorrect orders.

  22. Services provided:

  23. You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.

  24. Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.

  25. You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.

  26. You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

  27. No Endorsement

  28. We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

  29. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

  30. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

  31. any part of the Platform or the Platform software; or

  32. any equipment or any network on which the Platform is stored or any equipment of any third party

  33. Access to the Platform, Accuracy and security

  34. We endeavour to make the Platform available to during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

  35. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

  36. We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

  37. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

  38. Relationship with operators if the Platform is accessed on mobile devices

  39. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “ Operator”).

  40. Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

  41. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

  42. The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.

  43. We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

  44. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

  45. You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  46. You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

  47. You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

  48. Disclaimers

  49. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

  50. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

  51. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

  52. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.

  53. ZIPYDO DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.

  54. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

  55. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

  56. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

  57. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  58. Intellectual property

  59. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.

  60. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

  61. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  62. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

  63. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  64. Treatment of information provided by you

  65. We process information provided by you to us in accordance with our Privacy Policy.

  66. Third Party Content

  67. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

  68. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

  1. Severability
  2. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

  1. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

  1. IP Notice and Take Down Policy
  2. Zipydo has put in place IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
  3. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us. (Note: Zipydo does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, Zipydo is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Zipydo.)

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform. Grievance officer In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Grievance Redressal Officer Zipydo Technologies Private Limited VP08, Pruksa Silvam, Virgonagar P.O., Bangalore 560 049, India

Email: support@zipydo.com

Notice and Take Down Policy Template and Procedures

Zipydo Technologies Private Limited (“Zipydo”) respects third-party intellectual property rights, statutorily registered or common law rights, and has adopted the following policy towards intellectual property rights protection on its website www.zipydo.com (the “Website”) and the ‘Zipydo’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.

Reporting Instances of Intellectual Property Violations

To file a notice of infringement with Zipydo, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

To expedite our ability to process your request, please use the following format:

  1. Contact Us
  2. Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zipydo to locate the material;
  4. Information reasonably sufficient to permit Zipydo to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. The following mandatory statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law”;
  6. The following mandatory statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”; and
  7. Sign the document with either your physical or electronic signature; and
  8. Send the written communication to: Email to support@zipydo.com

Format of notice of infringement

To, Zipydo Technologies Private Limited, VP08, Pruksa Silvam, Virgonagar P.O., Bangalore 560 049

I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:

  1. I am the owner of certain intellectual property rights, said owner being named __________________ (“IP Owner”).

  2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.

  3. I may be contacted at:

Name____________________________________________________________________________ Designation/Title & Company_________________________________________________________ Postal Address (with Pin code)________________________________________________________ Email Address (correspondence)_______________________________________________________ Telephone/Fax_____________________________________________________________________

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.

Declared by < >______________________________ on < > ___________________________________ at < > ________

Truthfully, Signature ________________________

(Important Note: (a) Zipydo shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) Zipydo shall not consider an incomplete request. (c) Zipydo’s response to such request will include removing or disabling access to material claimed to be the subject of infringing activity. For a detailed term of use of our Platform, please visit https://www.zipydo.com/terms-and-conditions).

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