“zifup.com” (hereinafter, the “Website”) is owned and operated by Sellergize Web Technology Services Private Limited, a private limited company incorporated under the Companies Act, 1956, having its registered address at 203, Shivam Building, Bhanu Nagar, Kalyan (W) – 421301, Maharashtra, India (hereinafter referred to as the “Company”)
The term "We", "Us", "Our" shall mean the Company. “Agreement" shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Services” shall mean and refer to the Services offered by the Company to the Users, including but not limited to providing list of offers on shopping websites and physical stores. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
zifup.com lists select discounts available for shopping of items/products belonging to the concerned merchants. These discount vouchers are set-up by the promotional criteria by the merchants themselves and can be availed by anyone. These coupons usually last for a certain amount of time and will expire after a specified period. We have set the best deals and discounts for the shortest amount of time, sometimes only hours or for a day. Hence, it becomes necessary for you to follow us regularly for discount codes so as to receive the best deals. Our motive behind these codes is to generate sales for the merchants within the specified time-period, simultaneously leveraging publicity and branding of these merchants.
Registration on the Website is optional. However it is needed in order to use the many features of the Service. A non registered User can browse through the content of the Website. Mandatorily required information such as Name, Email ID, mobile number, Gender, Age, Address and Shopping Preferences, would be collected from the User at the time of registration. You must keep your account and registration details current and correct. You also acknowledge that on registration, it is deemed that You also sign up for the Newsletter feature offered by the Website. The following information will be collected from the Users:
All information provided by the Users are self-declared and not verified by the Company. Any and all information posted by any Users, vests the Company with the right to use this Content for promotions or marketing purposes.
You are obliged to update the information provided by You during the registration process. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
Payment for the service, if applicable, is on pre-paid basis. To process financial transactions on the Website, we use third-party electronic payment processor Instamojo, ICICI EazyPay & PayUMoney. As required, you permanently authorize us to instruct Instamojo & PayUMoney to handle account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of Instamojo & PayUMoney. In the event of conflict between these Agreements and the Instamojo & PayUMoney’s terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safe key to complete the transaction.
The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By using the Website, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated platforms where reference to such affiliated Platforms has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
It is hereby declared that all Third party brand names and logos mentioned on the Website belong to the Third Party. The offers mentioned on the website are according to the best of Our knowledge. The Website will not be responsible for any loss or difficulties arising out of errors there under. The Users agree and understand that We do not update the data on public holidays and weekends. Also we are not obliged to have an exhaustive and absolutely correct offer collection. We are not responsible for verifying the coupons provided on the Website, We are not responsible for any inaccuracies data.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
You may terminate Your use of the Service at any time by ceasing to use the Service. We may terminate these Terms and close Your account at any time without notice, if we cease to provide the Services. We may suspend or terminate Your use of and access to the Website at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom You have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any Services or services, including, but not limited to, Services or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other Services or processes accessible through the Website, not to insert any code or Service or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
The Website can be used in all countries worldwide. We make no representation that the content available through our Website is appropriate or available for all countries. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEBSITE MAKES NO WARRANTY THAT
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY SERVICE OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE SERVICES AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Mumbai, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address [email protected]
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Mobile App and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at [email protected]