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Terms & Conditions

Posted as of 01 March 2025

Last updated as of 01 March 2025

Legal Agreement & Electronic Record

This Terms of Use document is an electronic record in terms of the Indian Information Technology Act, 2000, applicable rules there under, and the amended provisions related to electronic records in various statutes, as modified by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in compliance with:

  • Rule 3(1) of the Indian Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of terms of use and policies for access or usage of a functional digital service, and
  • Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, which governs data protection and security practices.

Platform Ownership & Operation

This Terms of Use governs the use of both:

  1. Zigpy Mobile Application (available on mobile devices)
  2. Zigpy Website – https://zigpy.com/

The Zigpy platform, including its website and mobile Application (hereinafter collectively referred to as "Platform"), is owned, operated, and maintained by Shanti Sales, a company incorporated in India, with its registered address at:

Shanti Sales, UKLANA MANDI, HISAR, Haryana, India - 125113

The platform is operated under the brand name "Zigpy" and serves as a multi-vendor e-commerce marketplace, allowing buyers and sellers to connect and transact. We are not a retailer, manufacturer, or vendor; rather, we provide a technology-driven platform for facilitating transactions between independent third-party sellers and buyers.

Definitions

For the purpose of these Terms of Use, unless the context otherwise requires:

  • "We", "Us", "Our", "Company", and "Zigpy" shall collectively refer to Shanti Sales and its Platform, including both the website (https://zigpy.com/) and the mobile Platform.
  • "User", "You", "Your", and "Yourself" shall refer to any individual or legal entity using, accessing, registering on, or transacting through the Platform, and who is legally capable of entering into binding contracts under Indian law.
  • "Seller" refers to an individual, business entity, or third-party merchant registered on the Platform to list and sell products directly to Users.
  • "Third Parties" shall mean and refer to any individual, entity, or Platform apart from Zigpy, its Users, and its registered Sellers.

By accessing, browsing, registering, or transacting on Zigpy (via the website or mobile app), you agree to comply with and be legally bound by these Terms of Use. If you do not agree with any of the terms, policies, or disclaimers mentioned herein, you must immediately stop using the Platform.

GENERAL TERMS

i. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Zigpy Platform (either via the website https://zigpy.com/ or the mobile Application).

ii. The use of this Zigpy Platform (either the website https://zigpy.com/ or the mobile Application) is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application) and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.

iii. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

iv. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application), and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application) constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.

v. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application) at once. Your continued use of the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application) will signify your acceptance of the changed terms.

REGISTRATION

Registration on the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application) is not mandatory for the Users. However, if You wish to purchase anything from the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application), You shall have to provide the following information at the time of registration.

  • Name
  • Phone Number
  • Email ID
  • Address

The Users can also link their social media accounts such as Google and Facebook at the time of signing up on the Zigpy Platform (either the website https://zigpy.com/ or the mobile Application).

ZIGPY PLATFORM FOR TRANSACTION AND COMMUNICATION

The Platform is a mere Platform which allows the Users to connect with the Sellers on the Platform and the Platform shall not be responsible for any transaction occurring between the the Users and the Sellers on the Platform.

  • All the terms necessary for the transaction are agreed between the two parties i.e. the Users and the Sellers. The terms shall be including but not limited to 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.
  • The Platform is not and cannot be a party to any transaction between You and the third party sellers, or have any control, involvement or influence over the products purchased by You from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Platform.
  • The Services on the Platform are available to only select geographies in India, and are subject to restrictions based on business hours and days of third-party sellers.
  • The transactions made through the Platform may be subject to a delivery charge . You will be informed of such delivery charges at the stage of check-out for a transaction through the Platform.
  • The Seller retains the right to cancel any order placed by the User, at its sole discretion and the User shall be intimated of the same by way of an email/SMS. Any transaction price paid by User in case of such cancellation by Seller, shall be refunded to the User.
  • We do not make any representation or waaranty regarding the quality, value, size, etc of the products or any other specific details relating to the products sold or offered to be sold on the Platform.
  • We disregard ourselves of any liability with respect to errors or omissions, whether on behalf of us or any third party sellers on the Platform.
  • We are not liable for any default in performance or breach of any contract entered into between Users and Sellers. We cannot and do not guarantee that the concerned Users and/or Sellers will perform any transaction concluded on the Platform. We shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers.
  • You are responsible to verify the credit worthiness and the identity of the Sellers you choose to transact with and We shall not be liable for any default in performance or any griveances with the Sellers.
  • We do not at any point of time during any transaction between User and Seller on the Platform 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 User.
  • At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract entered into between Users and Sellers.

ELIGIBILITY

a) You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are a minor using this Platform, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

b) You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

c) You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

USE OF THE PLATFORM

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

  • Belongs to another person and to which you do not have any right;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • 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 cognizable offense or prevents investigation of any offense or is insulting any other nation;
  • Is misleading or known to be false in any way.

Any unauthorized use shall automatically terminate Your use of the Platform.

We shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the App by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Us. You understand that by using the App, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will We be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the App. You hereby waive all rights to any claims against Us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content

You hereby acknowledge that We have the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, We have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform and whilst feedback and comments by Youcan be made via the Platform, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.

You understand that by using the Platform or any services provided on the Platform, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Platform and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any 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 maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a. Your use of the Platform,
b. Your violation of these Terms of Use;
c. Your violation of any rights of another;
d. Your alleged improper conduct according to these Terms of use;
e. Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You 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, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

a. We are not responsible for any consequences arising out of the following events:

i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If you have fed incorrect information or data or for any deletion of data;
iii. If there is an undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by Us.

b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.

c. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.

d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

e. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

a. These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Platforms.

b. You may terminate your use of the Platform at any time.

c. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

e. It is also hereby declared that we may discontinue the Services and Platforms without any prior notice.

TERMINATION

a. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.

b. We also reserve the universal right to deny access to You, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other Users to the Platform.

c. We reserve the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.

d. You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

COMMUNICATION

By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.

You can report to support@zigpy.com if you find any discrepancy with regard to Platform or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

a. Agree to provide genuine credentials during the process whenever required on the Platform. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.

b. Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.

c. Agrees that the User shall be entirely responsible for all activities that the user shall undertake post making the booking with the service provider/vendor and the user shall undertake sole responsibility towards any activities including but not limited to vehicle accidents, smuggling, trafficking, any illegal or prohibited activities. Further, the user shall waive all its rights to undertake any action against us towards any breach of personally identifiable information.

d. You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

e. The User represents and warrants that the User shall undertake to exclude any liability and hold the Company harmless for any legal action that may arise for the Company due to the user’s activities which may involve any type of illegal activities in which the user undertakes to use the services of the vendor under the influence of drugs, alcohol, or for smuggling, trafficking etc which may or may not involve prohibited substances and commodities or if there arises any legal action against the Company under the provisions of the Indian penal code.

f. The User further represents and warrants that the negotiations and the discussions between the user and the vendor shall be at their sole discretion and the Company in no manner shall be made a party to such discussions that may involve the vendor’s services to the user. Such discussions and negotiations may include but not limited to the payment and payment terms.

g. The User represents and warrants that We are not responsible for the operation of vendors, nor the content uploaded by them.

h. The User represents and warrants that the Company shall have a limited liability to provide the user with a basic acknowledgement on the condition of the vehicle that may be provided by the vendor. However, the Vendor shall be solely responsible for all the quality and the condition of the vehicle provided by the Vendor to the user and the user shall in no manner bring out any suit or thereby any legal action against the Company.

i. User represents and warrants that the Company may offer other additional accidental insurance packages from any third parties, which will benefit the user. However, the Company does not guarantee the user the same at any time.

j. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.

k. Understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

l. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.

m. Agree that promotions and giveaways are governed by a different set of rules.

n. Agree that We are only responsible for the advance payments made to Us and not the offline payments made to the Vendors.

o. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.

p. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Platform, at our sole discretion.

GST Input Tax Credit

Upon purchasing eligible product(s) from the Zigpy Platform (either via the website https://zigpy.com/ or the mobile Application), you may be entitled to avail GST input tax credit, subject to the following terms:

Eligibility & Invoice Issuance:

  • The eligibility for GST input tax credit will be explicitly mentioned on the product page at the time of purchase.
  • If eligible, a GST invoice will be issued to you by the Seller from whom you made the purchase.
  • If not mentioned, the product is not eligible for input tax credit.

Invoice Details:
If you provide your GST Identification Number (GSTIN) at the time of purchase, the issued invoice shall contain the following details:

  • GSTIN associated with your registered business (as provided by you).
  • Entity name of your registered business (as per your GST records).

Conditions for Availing GST Input Tax Credit:

  • Not all products are eligible for GST input tax credit; it is at the sole discretion of the Seller.
  • You are responsible for ensuring that the delivery address matches the registered place of business as per GST records.
  • The billing address and delivery address must be the same; otherwise, GST input tax credit may be denied under applicable GST laws.

User Responsibility:

  • If you do not provide your GSTIN and/or business entity details at the time of purchase, it will be presumed that the purchase is for personal use and not eligible for GST input tax credit.
  • Zigpy does not verify the correctness of your GSTIN or business details. You are solely responsible for providing accurate information.

Compliance Disclaimer:

  • Availing GST input tax credit is subject to GST laws, rules, and regulations.
  • Zigpy is not liable for any denial of input tax credit due to incorrect or non-compliant details provided by you.

You further undertake not to:

a. Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
e. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
f. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
h. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
i. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;
j. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating Your acceptance to use any services offered on the Platform, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
l. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Platform without prior intimation whatsoever.
n. You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which you have no right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. is in any way harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

a. If you are in breach of any of these Terms of Use or the Privacy Policy;
b. If you have provided wrong, inaccurate, incomplete or incorrect information;
c. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platformor such other third party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which You can communicate with other users and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

We and Our affiliates respect the intellectual property(ies) of other entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at “supports@zigpy.com”. We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to Us may result in civil and/or criminal liability. You agree to indemnify Us for all claims brought by a third party(ies) against Us arising out of or in connection with the submission of your email at “support@zigpy.com”.

DISCLAIMER OF WARRANTIES AND LIABILITIES

a. You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.

b. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

c. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Platform.

d. The Company does not make any representation or warranties in respect of the products available on the Platform nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Platform or otherwise.

e. You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.

f. It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hisar, Haryana, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

b. Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, 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 such breach, or a waiver of any other breach of these Terms of Use.

c. Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

d. Contact Us: If you have any questions about these Terms of Use, the practices of the Platform, or your experience, you can contact us by emailing at “support@zigpy.com

 

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