TERMS AND CONDITIONS



These terms and conditions (“Terms”) constitute a binding and enforceable contract between ZikZuk Technologies Private Limited having registered office at 8-2-614-2, 301, Manbhoom Opus, Road No.11, Banjara Hills Hyderabad - 500034, and you, an end user of the platform (“user” or “you”) in relation to the use of the ZikZuk mobile application (“App”), web app (https://bfm.zikzuk.com/) and of Website (https://www.zikzuk.com/bfm) collectively referred to as the “Platform”. You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.

GENERAL TERMS

  1. Please note that the terms of the Privacy Policy (available at https://zikzuk.com/privacy-policy) are incorporated into these Terms. You are aware and expressly consent to be subject to the rules, guidelines, policies, terms, and conditions contained in the Privacy Policy and any guidelines, additional terms, policies, or disclaimers made available or issued by ZikZuk from time to time.
  2. You agree and acknowledge that by accessing the Platform through any device or application, you have carefully read and understood the Terms that govern the use of the Platform and are bound by the Terms for as long as you are accessing or using the Platform.
  3. You understand that in addition to these Terms, you are also required to comply with the terms and conditions of the application store through which the App is downloaded.
  4. You agree to not use the Platform for any purpose that is prohibited by these Terms or applicable law.
ACCOUNT REGISTRATION

In order to access the Platform and its features, you will be required to create an account on the Platform by setting up a username and password which will be linked to your phone number and email address (“Account”). ZikZuk might require you to share information, including information pertaining to your identification in the process of creation of the Account. You agree that all information provided in this regard is complete, true, and accurate.

You agree that you shall implement reasonable measures to secure access to: any device associated with the email address or phone number linked to your Account with the Platform; and login or identifying credentials to access the Platform. You are responsible for maintaining the confidentiality of your id and password during the Account registration process. You agree to immediately notify ZikZuk of any disclosure or unauthorised use of your Account, or any other breach of security with respect to your Account.

You expressly agree and consent to be liable and accountable for all activities that take place through your Account. ZikZuk shall in no manner be held liable for any unauthorised actions through your Account due to unauthorised access including but not limited to hacking and security breaches. ZikZuk reserves, at its sole discretion, to suspend an Account if it is of the opinion that the Account is being accessed by an unauthorised party or against the interest of the parties or public at large.

CONTENT

You agree and understand that all of the content accessed by you on the Website is purely for informational purposes aimed to provide details and additional data about or in connection with the App/web app and the Services.

ACCURACY OF INFORMATION

Although we may post information, material and content on the Platform based on reliable sources, we do not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability or completeness of any such information. The features and services of the Platform are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Platform.

PLATFORM ACCESS

By using or accessing the Platform, you represent and warrant that:

you are accessing the Platform on your own initiative and are responsible for compliance with all local laws and regulations applicable to you; you are of the legal age to access the platform; you are solely responsible for the user content and all activities that occur on or through your Account; You agree not to undertake activities which include but are not limited to: infringing any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Platform or any portion thereof; caching unauthorized hypertext links to the Website; uploading, posting, or transmitting any material that contains software viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; use of data mining, robots, spiders, scrapers, crawlers, avatars or similar data gathering and extraction tools; making any back-up or archival copies of the Website or any part thereof; bypassing any measures used by us to prevent or restrict access to the Platform; using the Platform for any commercial purpose; violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Website; deep-linking to any portion of the Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; “framing”, “mirroring” or otherwise incorporating any part of the Website into any other website without our prior written authorization; use the Platform in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms; or violate applicable laws in any manner.

ZIKZUK’S INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to ZikZuk. Subject to your compliance with these Terms, ZikZuk grants you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform in accordance with the Terms.

ZikZuk may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). ZikZuk may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights. Zikzuk shall be at liberty to make changes/updates to the Platform as may be required and Zikzuk shall have all such rights as mentioned under this section on the additions/modifications.

Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to ZikZuk’s or any third party’s intellectual rights.

DISCLAIMERS AND WARRANTIES

You agree that your use of the Platform is at your sole risk. You are solely responsible for the user content. ZikZuk does not own, control, recommend or endorse any user content that is made available through the Platform and disclaims all liabilities or warranties arising out of or in connection with any user content.

To the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. ZikZuk does not warrant that operation of the Platform will be uninterrupted or error free or that the functions contained in the Platform will meet your requirements.

To the fullest extent permissible under applicable law, ZikZuk expressly disclaims all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that ZikZuk shall have absolutely no liability with respect to the same.

To the fullest extent permissible by law, ZikZuk, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Platform, including any third party services made available through the Platform; the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorised access to ZikZuk’s records, programs, services, server, or other infrastructure relating to the Platform; the Platform being infected with any malicious code or viruses; or the failure of the Platform to remain operational for any period of time. However, this shall not be applicable in the event of infringement of Intellectual Property of the Platform committed by you/your relatives and affiliates.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold us and our affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims arising out of your use of the Platform, a breach of any provision of these Terms by you or any person using your Account on the Platform.

LIMITATION OF LIABILITY

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 we had been advised of the possibility of such damages, 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 your use of or access to the Platform. Notwithstanding anything to the contrary, the maximum aggregate liability of ZikZuk and its affiliates for any claims under these Terms, shall not exceed INR 1 lakh.

TERMINATION

These Terms shall remain in effect as long as you continue to access the Platform, avail its features, or maintain an Account on the Platform. Notwithstanding other legal remedies that may be available to it, ZikZuk may at its sole discretion, limit your access or activity (either temporarily or indefinitely), or suspend or terminate your Account or refuse to provide you with access to the Platform and its features, without providing you with notice or cause, for any reason including but not limited to the occurrence of a violation or breach of any of your obligations, responsibilities, covenants. Upon termination as mentioned herein: your Account will be de-activated, and you will no longer have access to the Platform; these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

MODIFICATION OF PLATFORM

ZikZuk reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that ZikZuk shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Hyderabad shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.

COMMUNICATION Any and all communication relating to any dispute or grievance experienced by you may be communicated to the Company by contacting us at:

MISCELLANEOUS PROVISIONS

All individuals and entities affiliated to ZikZuk are intended third-party beneficiaries of these Terms.

  • Severability: In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
  • Modification: ZikZuk reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms will terminate
  • Assignment: You shall not distribute, licence, sell, transfer or assign your rights or obligations hereunder to others in any manner without ZikZuk’s prior written consent. ZikZuk may grant or withhold its consent in its sole discretion and subject to any conditions it deems appropriate. ZikZuk may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform without any prior notice to you.
  • Notices: All notices, requests, demands, and determinations for ZikZuk under these Terms (other than routine operational communications) shall be sent to [email protected]
  • Third Party Rights: No third party shall have any rights to enforce any terms contained herein.