Terms & Conditions

Last Modified on January, 2017

THESE TERMS OF SERVICE ("TERMS OF SERVICE" or “ToS”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

These terms of services shall be construed in conformity with the provisions of Rule (3) of the information technology (intermediaries’ guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations and privacy policy for access or usage of mobile application.

If you are accessing Zingura Platform terms of services shall apply and there may be additional terms by mobile application store Apple’s store, Android play store, from time to time which will govern the use of mobile application.

By using Zingura Platform, you signify your acceptance of Terms of Services. If you do not agree or are not comfortable with terms described herein, your only remedy is to discontinue use of Zingura mobile apps. We reserve the right, to modify Terms of Services at any time.

These Terms of services of the website located at URL https://zingura.com/page/8/terms-conditions and mobile application under the brand name “Zingura” & “Zingura Merchant” is in between TRIZIN INFOTECH PVT LTD hereinafter or “We” or “Us” or “Our”) a company incorporated under laws of India having it’s registered office at Unit No. 239, 2nd Floor, Tower B-3, Spaze i-Tech Park, Sector-49, Sohan Road, Gurgaon-122002  and the users (hereinafter “you” or “Your” or “Yourself” or “User” ).

Services
Zingura platform provides means to enable user who can search nearest store and whats new in those stores. From the participating stores, they can  earn points and redeem them anywhere at the participating stores. For purposes of this Agreement these services shall collectively be defined as the "Services". The Services provided are for personal and non-commercial use only. The Merchants are not employed with Zingura and are valid VAT holder Merchants. User acknowledge that Zingura does not have their any. User acknowledge that Zingura acts as only intermediary in between User and Merchant.

INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service.

If you are a user who signs up for the Service, we will create a personalized account which includes a unique username (represented by your email address) and a password to access the Service and to receive messages from us. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide content (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We, however, reserve the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.

LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers.  We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the site.

DISCLAIMER

WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY AND/OR ACCURACY OF THE CONTENT, APPLICATION, WEBSITE OR SERVICES, AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE OFFER THE CONTENT, APPLICATION, WEBSITE, SERVICES AND ZINGURA PROGRAM ON AN "AS IS” BASIS AND DO NOT ACCEPT RESPONSIBILITY FOR ANY USE OF OR RELIANCE THEREON, OR FOR ANY DISRUPTIONS TO OR DELAY IN YOUR USE OF EACH. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPREHENSIVENESS, COMPLETENESS, QUALITY, TIMELINESS, ERROR-FREE NATURE, COMPATIBILITY, SECURITY OR FITNESS FOR PURPOSE OF THE CONTENT, APPLICATION, WEBSITE, SERVICES OR ZINGURA PROGRAM. ZINGURA DOES NOT GUARANTEE THE ADEQUACY OF THE CONTENT, APPLICATION, WEBSITE, SERVICES AND ZINGURA PROGRAM OR COMPATIBILITY THEREOF TO YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, OR ENVIRONMENT AND DOES NOT WARRANT THAT THE CONTENT, APPLICATION, WEBSITE, SERVICES AND ZINGURA PROGRAM, THEIR SERVERS, OR ANY MESSAGES WHICH MAY BE SENT FROM ZINGURA ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

MODIFICATION OF TERMS OF SERVICE
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site or App from time to time to view any such changes in the Agreement. If you continue to use the Service, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this Agreement by us via telephonic or email communications shall be valid.

GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.
We may assign or delegate these Terms of Service and/or Zingura’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.