Terms and Conditions

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Terms and Conditions for Buyer

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”)
and Zacupy.com Limited. ("Zacupy.com" "we," or "our") that governs your use of the search,
booking/request services or any other services offered by Zacupy.com through its website
www.zacupy.com ("Website"), telephone search, SMS, WAP or any other medium (collectively
"portal" ). Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and
notices contained in these Terms, along with any amendments made by Zacupy.com at its sole
discretion and posted on the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE PORTAL INDICATES YOUR AGREEMENT TO ALL THE
TERMS AND CONDITIONS OF ZACUPY.COM AND SELLER, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING:

1) Membership Eligibility

Use of the Portal is available only to persons who can form legally binding contracts under Indian
Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If
you are a minor i.e. under the age of 18 years, you shall not register as a User of the Zacupy.com portal
and shall not transact on or use the website. As a minor if you wish to use or transact on website, such
use or transaction may be made by your legal guardian or parents on the Website. Zacupy.com reserves
the right to terminate your membership and / or refuse to provide you with access to the Website if it is
brought to Zacupy.com’s notice or if it is discovered that you are under the age of 18 years.

Subject to compliance with the Terms of Use, Zacupy.com grants You a non-exclusive, limited privilege
to access and use the portals and the Services provided therein.

2) Your Account and Responsibility

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name
and Password and You shall be responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue, inaccurate, not current or
incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on the Website and refuse to
provide You with access to the Website.

3) Transaction at Zacupy.com Portal

i) Zacupy.com portal facilitates Seller and Users to interact with each other for the purposes of
commercial/contractual transactions. In this transaction Zacupy.com is acting as an intermediary, by
creating a bridge between Seller and Users of Zacupy.com enabling users to place
orders/bookings/request through various portals.

ii) All commercial/contractual terms are offered by and agreed to between You and Sellers alone. The
commercial/contractual terms include without limitation price, shipping costs, payment methods,
payment terms, date, period and mode of delivery, warranties related to products and services and after
sales services related to products and services. Zacupy.com 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 User and Seller.

iii) Zacupy.com does not make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the
Portal. Zacupy.com does not implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Website. Zacupy.com accepts no liability for any errors or omissions,
whether on behalf of itself or third parties.

iv) Zacupy.com is not responsible for any non-performance or breach of any contract entered into
between You and Sellers. Zacupy.com cannot and does not guarantee that the concerned Sellers and/or
You will perform any transaction concluded on the Zacupy.com portal. Zacupy.com shall not and is not
required to mediate or resolve any dispute or disagreement between Seller and You.

v) Zacupy.com does not at any point of time during any transaction between Seller and You on the
Portal come into or take possession of any of the products or services offered by Seller nor does it at any
point gain title to or have any rights or claims over the products or services offered by Seller to You.
vi) Zacupy.com through its platform is acting as an intermediary between You and Seller by facilitating
the online ‘Search Plus’ Services’ for the users. These Search Plus Services are aimed at making several
day to day tasks conveniently actionable and accessible to the users.

vii) Zacupy.com is only providing a platform for the purposes of transaction and communication and it is
agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract
between You and Seller.

viii) At no time shall Zacupy.com hold any right, title or interest over the products nor shall Zacupy.com
have any obligations or liabilities in respect of any transaction between You and Seller. Zacupy.com is
not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of
products which are out of stock, unavailable etc.

ix) Prices mentioned on the Zacupy.com portal are subject to change. You are hereby advised to check
with Seller for the final price, availability of the product and shipping charges (if applicable)

x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical
error or product information published by seller may be incorrectly reflected and in such an event seller
may cancel such your order(s).

xi) If the calculation of pricing of any product is insufficient to cover the actual cost of products/services
which is paid by the Seller to its wholesaler/supplier, then the Seller is not obligated to fulfill the
transaction placed by you. Where the Seller chooses not to absorb the additional fee, Seller will notify
you that the calculations are different from real costs and may offer you the option of paying the
difference and going ahead with the transactions placed by you. You may choose to proceed and pay the
higher delivery fee or cancel the transaction placed at Zacupy.com portal.

4) Mode of payment

i) Users may choose Cash on Delivery (COD) option of payment where a User is liable to pay the amount
against the Order/bookings. The payment through Cash on Delivery is managed by Seller and other
parties on behalf Seller.
ii) User may also choose to make the payment for the Services/Products through their valid credit /
debit and/ or any other cards including e-wallets, online banking facility to make payment against any
transaction being effected at the portal. User shall be bound to use his/her own credit / debit and/ or
any other payment cards, online banking accounts to make any payment. Zacupy.com shall not be liable
and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized
payment transactions which has been processed by User’s Bank / third party payment processor.

iii) User accepts and acknowledges that payment processing portal is hosted by a third party payment
processor and usage of such payment processing portal shall be subject to such additional terms and
conditions which such third party payment processor may prescribe from time to time. Zacupy.com will
not process, store or transmit credit/debit or any other card related information or any banking related
information at its portal.

iv) In such event, it is Zacupy.com’s policy is to redirect User to a payment processing portal hosted by a
third party payment processor.

v) Zacupy.com will take adequate encryption and security measures to maintain the data secured
generated via portal and it shall maintain high standards in relation to providing secure services to Users
using Zacupy.com portal.

5) Charges

Membership on the Website is free for You. Zacupy.com does not charge any fee for browsing and
buying from any of its portals however, we reserve our right to charge the fee and/ or change fee policy
as may be applicable from time to time.

6) Returns or Refunds

If at any time you are not satisfied with the quality of the products you have purchased, you may call
customer care number of Zacupy.com wherein your complaint will be noted and will be forwarded to
the respective supplier for its resolution or you can complain to the seller directly and may claim for a
credit, replacement or refund of the purchased damaged or incorrect product. Further, you hereby
confirm and agree that you will not any right to claim or allege anything against Zacupy.com in respect
of the products/services which are provided to you by the Seller.

7) Cancellation and Modification


Cancellation or modification of any Order made through Zacupy.com shall be strictly in accordance with
the respective Seller’s cancellation policy, including with respect to refund. You may directly contact the
respective Seller and/or Zacupy.com customer care for processing any requests pertaining to
cancellation or modification of Orders. The cancellation and modification request made by you to
Zacupy.com customer support will be forwarded to respective Seller for the resolution.

8) Content disclaimer

We have no control over and are not responsible for the content of any third-party websites linked to or
framed within the Website, or any third-party advertisements and we expressly disclaim (and do not
endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links
are provided for your convenience only and may not remain current or be maintained. Website links on
this Website should not be construed as an endorsement, approval or recommendation by us of the
linked website or its content. We are not responsible for the content or privacy practices associated with
linked websites. When viewing a third party website, you should read the terms, conditions and privacy
statements detailed on that website. Your use of or reliance upon such third-party websites is at your
own risk.

We derive our information from sources which we believe to be accurate and up to date at the time of
publication. All information provided on the Website is provided in good faith. We do not make any
representation or warranty that the information provided is timely, reliable, accurate or complete, and
will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any
information, material or advice provided on the Website, or for any incorrect information provided on
the Website.

Zacupy.com reserves the right, in its sole discretion and without any obligation, to make improvements
to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavor
to update information listed on the Website on a timely basis, but shall not be liable for any
inaccuracies.

All those sections in the portal that invite reader participation will contain views, opinion, suggestion,
comments and other information provided by the general public, and Zacupy.com will at no point of
time be responsible for the accuracy or correctness of such information. Zacupy.com reserves the
absolute right to accept/reject information from readers and/or users and impose portal access rules
and regulations for any user(s).
While every attempt has been made to ascertain the authenticity of the content in the portal,
Zacupy.com is not liable for any kind of damages, losses or action arising directly or indirectly, due to
access and/or use of the content in the portal including but not limited to any decisions based on
content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.

9) Warranty Disclaimer:

Any provider of products or services is entitled to register with Zacupy.com. Zacupy.com provides the
goods/services related information on its portal which has been provided/shared by sellers. Before
availing any products/services you must satisfy yourself about all relevant aspects prior to placing an
order for goods or services or before entering into any transaction. Zacupy.com has also not negotiated
or discussed any terms of engagement with any of the seller. Booking, purchasing and availing goods
and services from sellers shall be at your own risk.

We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services,
deals, coupons or other promotions or materials, including advice, ratings, and recommendations
contained on, distributed through, or linked, downloaded or accessed from the portal.

References that we make to any names, marks, products or services of third parties or hypertext links to
third party sites or information do not constitute or imply our endorsement, sponsorship or
recommendation of the third party, of the quality of any product or service, advice, information or other
materials displayed, purchased, or obtained by you as a result of an advertisement or any other
information or offer in or in connection with the portal.

THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT UNLESS OTHERWISE AGREED BY ZACUPY.COM IN WRITING. ZACUPY.COM DISCLAIMS,
TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS.
ZACUPY.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ZACUPY.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING
ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH,
ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO
APPLICABLE LAW.

10) Disclaimer for "Zacupy.com GUARANTEE"

The "Zacupy.com Guarantee" and is a limited assurance offered by Zacupy.com that the name and
contact information of the seller and the product/service category in which the seller is listed by
Zacupy.com, have been verified as existing and correct at the time of the receipt of the Seller’s
application to register with Zacupy.com. Zacupy.com makes no representations or warranties, whether
express or implied, including but not limited to warranties of the continued existence and/or operations
of the seller, or the quality, quantity, merchantability or fitness for use of the products or services
offered by the seller.

11) Additional Disclaimer:

Users (You) using any of Zacupy.com service across the following portal i.e. through internet Website
(www.zacupy.com), WAP, APP or any other medium are bound by this additional disclaimer wherein
they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or
enter into any transaction with the Seller listed with Zacupy.com.

All the users are cautioned that all and any information/products or services of whatsoever nature
provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the
Seller and Zacupy.com does not confirm, does not acknowledge, or subscribe to the claims and
representation made by the seller listed with Zacupy.com. Further, Zacupy.com is not at all responsible
for any act of Seller listed at Zacupy.com or any claims arising owing to or pursuant to such acts of the
Seller.

12) IPR Infringement

If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow
the process as may specified under the infringement policy.

13) Unlawful Activity


We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms
and to take any action we deem appropriate including, but not limited to, reporting any suspected
unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any
information necessary or appropriate to such persons or entities relating to your registration data, usage
history, posted materials, IP addresses and traffic information etc.

14) Risk and Title

Risk in the products/services passes to you upon delivery of the products/services to the delivery
address by the Seller. Zacupy.com does not have any liability and you shall have no claim against
Zacupy.com, for any loss or damage that the products/services provided to you may have suffered
during transit.

15) Indemnity

You agree to indemnify, defend and hold harmless Zacupy.com including but not limited to its affiliate
sellers, 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 Zacupy.com 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 Use. Further, You
agree to hold Zacupy.com 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 Use, or Your violation of any rights of another, including any
intellectual property rights.

In no event shall Zacupy.com, its officers, directors, employees, partners or suppliers be liable to You,
the seller 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 Zacupy.com has 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.

16) Limitation of liability:

You acknowledge that Zacupy.com is an "as is site" and that Zacupy.com is not making and has not made
any warranty or representation as to suitability, merchantability, quality of the products/services which
will be supplied or delivered by its Seller for any particular purpose. You agree that in using Zacupy.com,
You are not relying on any statement or representation made by Zacupy.com which is not expressly
contained in this Agreement.

IN NO EVENT SHALL ZACUPY.COM BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR
RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY
INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ZACUPY.COM is AWARE
OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED
WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE
INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY
MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. ZACUPY.COM DOES NOT ASSUME ANY
LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL
ACCESSIBLE FROM THE PORTAL.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET
GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.

Notwithstanding anything to contrary, Zacupy.com's entire liability to You under this Terms of Use or
otherwise shall be the refund of the money charged from You for any specific product or service, under
which the liability arises.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

17) Changes:

We may periodically change the Terms and the Website without notice, and you are responsible for
checking these Terms periodically for any revisions. All amended Terms become effective upon our
posting to the Website, and any use of the Website after such revisions have been posted signifies your
consent to the changes. If any such change or modification is unacceptable to you, please refrain from
using the services offered by the Website. If following any such change or modification you continue to
use the Website or content, you will be deemed to have accepted those changes or modifications and
no specific consent will be required.
18) Privacy Policy:

Zacupy.com is committed to protecting the privacy and confidentiality of any personal information that
it may request and receive from its clients, business partners and other users of the Website. To read
our privacy policy statement regarding such personal information please refer PRIVACY POLICY.

You hereby confirm and acknowledge that the contact details, age and other details provided by you to
Zacupy.com are accurate and can be used and forwarded by Zacupy.com to the Seller for which the call
or enquiry has been made by you to Zacupy.com.

19) General Instructions

Seller’s listed at Zacupy.com portal who have processed and delivered your ordered products/services
are solely responsible for quality, delivery and billing of the goods/services. Zacupy.com only acts as a
channel between you and the Seller.

We make no representation and give no warranty or undertaking (express or implied) as to the


timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any
particular purpose.

We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from
your reliance upon the Website, or the Website’s inability to meet your needs.

We will not be responsible for any delay, failure, interruption, or corruption of any data or other
information transmitted in connection with your use of the portal, which is beyond our control. For the
avoidance of doubt, we do not accept responsibility for any interference or damage to your computer
system which may arise in connection with your use of the Website or any linked website.

20) Force Majeure

Zacupy.com and its registered Sellers will be not be liable for breach of these Terms to the extent caused
by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms,
weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which
is beyond its control.

21) Arbitration:

In the event a dispute arises between you and Zacupy.com as per these Terms, the parties shall attempt
to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a
period of 90 days from the date of the dispute, either party can, upon giving a written notice to the
other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in
English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The
venue for the arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator
appointed by Zacupy.com. The award of the arbitrator shall be final and binding on the parties. Each
party shall bear its own cost of arbitration.

22) Governing Law and Jurisdiction:

These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising
hereunder shall be subject to the exclusive jurisdiction of the courts in KOLKATA, India.

23) Provisions are severable.

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect
any other provisions.

Please exit Zacupy.com Website, if you don't agree to these Terms,

If you have any questions or concerns about this Agreement please contact us for more information

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