Terms and Conditions

Zupain Terms and Conditions

Welcome to Zupain Tech Private Limited (“The Company”, “Ourselves”, “We”, “Our”,”Us” and “Zupain”) operates the Zupain.com website and the Zupain mobile application (hereinafter referred to as the “Service”). By accessing this website we assume you accept these terms and conditions. Do not continue to use Zupain if you do not agree to accept all the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Policy and all Agreements: “Client”, “You” and “Your” refers to you, the person logging on this website and compliant to the Company’s terms and conditions. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore are referring to the same. Our Terms & Conditions & Privacy Policy explain how we collect, use, disclose, and protect information that applies to our Service, and the choices that you can make about the collection and the way we use your information.

License

Unless otherwise stated, Zupain Tech Private Limited and/or its licensors own the intellectual property rights for all material on Zupain. All intellectual property rights are reserved. You may access this from Zupain for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Zupain on any other platforms unrelated to Zupain
• Sell, rent or sub-license material from Zupain without our permission
• Reproduce, duplicate or copy material from Zupain
• Redistribute content from Zupain
• Host, display, upload, download, modify, publish, transmit, update or share any information which might adversely impact the Zupain platform in anyway whatsoever

Content Liability

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that are rising on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Payment Policy

By proceeding further, the customer agrees to the following terms and conditions-

• Customer shall pay the subscription dues per agreed timelines to Zupain or to the loan partner (if applicable).
• In case of non-payment of dues on or before the due date, the customer authorizes Zupain to withhold collections from customers to settle subscription dues.

Information we collect and its use

We collect the following types of information about you: Information you provide us directly While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include Email Address, Phone Number, Business Name, First and Last Name, Cookies and Usage Data. We may also collect information that your browser sends whenever you visit our Service or when you access service through a browser. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. Cookies Information We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Use of Data

Zupain Tech Private Limited uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

User Obligations

1. You agree, undertake and confirm that Your use of platform shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
   • belongs to another person and which You do not have any right to;
   • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
   • is misleading or misrepresentative in any way;
   • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • harasses or advocates harassment of another person;
   • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
   • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy or rights of publicity or any other proprietary rights;
   • promotes an illegal or unauthorized copy of another person’s copyrighted work;
   • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
   • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
   • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
   • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
   • harm minors in any way;
   • infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   • violates any law for the time being in force;
   • deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   • impersonate another person;
   • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
   • is false, inaccurate or misleading.
   • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

Retention of Data

Zupain Tech Private Limited will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Zupain Tech Private Limited will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside Telangana,India and choose to provide information to us, please note that we transfer the data, including Personal Data, to Telangana,India and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Zupain Tech Private Limited will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Take Down Policy

If you believe any catalogues, products and other inventory information violates your intellectual property, you must promptly notify the Company in writing at hello@zupain.com.

These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your Account and you might be liable for damages.8.3.

• The Company reserves the right to remove catalogues, products and other inventory information alleged to be infringing without prior notice and at its sole discretion. On appropriate circumstances, the Company may also terminate a user’s account if the user is determined to be a repeat infringer. The data related to the User and the content associated with the account shall, however, be retained by the Company for a period of 180 (One Hundred and Eighty) days.

Business Transaction

If Zupain Tech Private Limited is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Zupain Tech Private Limited may be required to disclose your Content if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Zupain Tech Private Limited may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of Zupain Tech Private Limited
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the
• To protect against legal liability

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics We may use third-party Service Providers to monitor and analyse the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic.

Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Children’s Privacy

Zupain does not knowingly collect or solicit personal information from children under the age of 18 and the Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18. Please contact us at hello@zupain.com

How long we keep your User Content

Following termination or deactivation of your User account, Zupain may retain your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, Zupain may retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.

Any Updates to Terms & Conditions or Privacy Policy

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of the Terms & Conditions & Privacy Policy. Please review the Terms & Conditions & Privacy Policy periodically for any changes. Changes to the Terms & Conditions & Privacy Policy are effective when they are posted on this page.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Communication

You acknowledge that Zupain will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Zupain and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Zupain can only be authenticated if they come from your primary Account email address

Caveats on loss of password/hacking

You are responsible for keeping your password secure. Zupain cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

Clearly call out that the platform cannot be used for facilitating illegal/prohibited activities and customer to indemnify any damages to Zupain

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). The consequences of partaking in any illegal/prohibited activities shall make the customer liable for indemnification of any damages to Zupain.

Jurisdiction in case of conflicts

You irrevocably and unconditionally agree to submit to the jurisdiction of Hyderabad court, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms & Conditions and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by Zupain in any other jurisdiction.

Liability limitation

• Zupain is not responsible for any of your tax obligations or liabilities related to the use of Zupain’s Services
• You expressly understand and agree that, to the extent permitted by applicable laws, Zupain shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
• Zupain does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Severability of the policy

The failure of Zupain to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms & Conditions shall remain in full force and effect.

Reporting copyright infringement

You can sign in to use the online form to report content on Zupain that you believe violates or infringes your copyright or you can send a trademark infringement notice to hello@zupain.com. Your notice needs the following information: You can also report multiple stores that are infringing on the same copyrighted works in a single form submission. If you falsely report that content infringes on your copyright, then you might be liable for damages.

1. Trademark owner’s full name.

2. Your contact information, including your full name, address, phone number, and email address.

3. Include the following information for each trademark at issue:

1. a description of the trademark;
2. the countries it is registered in;
3. trademark registration number; and
4. the category of products and/or services covered by the registration.

4. Links to the content you believe violates or infringes your trademark(s) on Zupain. Provide a comprehensive list to each individual page with content you want removed and not just the main shop link.

5. Description of how you believe the content violates or infringes your trademark(s) on Zupain.

6. The following statements:

1. I have a good faith belief that use of the trademark as described above, in the manner I have complained of, is not authorised by the trademark owner, its agent, or the law.
2. I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the owner or authorised to act on behalf of the owner of the trademark rights described above.
3. I acknowledge that a copy of this infringement notice, including any contact information provided above, may be provided to the person that posted the content being reported.

7. Your physical or electronic signature.

Grievance Redressal Mechanism

In case of any grievance, objection or complaint on Your part with respect to the platform, other users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at hello@zupain.com and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.\n The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it.

The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.