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Terms and Conditions

Eligibility

By registering with Zave and accessing Zave Services, you are representing the following:

  1. You are 18 years of age or older.
  2. You are capable of entering into a legally binding agreement; and
  3. You are not barred or otherwise legally prohibited from accessing or using the Zave App and Zave Services.
  4. You are an Individual and not an entity.

If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Zave does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements.

1. Definitions

“Zave”, “Zave Orbit Pvt Ltd” “We”, “Us”, and “Our” mean Zave.

“You”, “Yours”, “Yourself”, and “User” means any prospective user, or registered user of Zave, including but not limited to customers and Commercial Partners.

“Commercial Partner” means any individual or entity with whom Zave have a contractual relationship and includes but is not limited to entities offering rewards on Zave App, Sellers, Lenders, Brands, Merchants etc.

“Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Terms.

2. Your Use of Zave

You agree that:

  1. Unless otherwise permitted by Zave in writing, You may only possess one account.
  2. Your use of the App shall not violate any applicable law or regulation.
  3. Your use of the Zave App, and Zave Platforms shall be only for personal purposes.
  4. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
  5. You are responsible for all activity that occurs under your account.
  6. You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Zave of any unauthorized use of your passcode or account or any other breach of security.
  7. You agree that You are aware and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your Zave App, (ii) permit them to transact on Your account, or (iii) transact on any other person's behalf or directions; whether by sharing one-time passwords or in any other manner.
  8. You shall not indulge in decompiling, reverse engineering, disassembling content, or removing any intellectual property right associated with the Zave App, including our copyright, trademarks, trade secrets, designs, patents, or other proprietary notices.
  9. You shall not access or use the Zave App in any manner that (i) may be harmful to the operation of the Zave App or its content; (ii) may be unlawful; (iii) maybe harmful to Zave or to any other User; (iv) may hinder the other User's enjoyment of the Zave App; or (v) to defraud other Users, Zave or any Commercial Partner.
  10. You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Zave App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Zave App.
  11. You shall not delete or modify any content of the Zave App.
  12. Your use of the Zave App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, 'Updates'), for the purpose of effective delivery of the Zave Services. Please note that your continued use of the Zave App following such Updates would mean deemed acceptance by you of the same.
  13. You understand and accept that not all products, services and rewards offered on the Zave App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by Zave on the Zave App or other Zave Platforms. Zave reserves the right to determine the availability and eligibility for any product, services and rewards offered on the Zave App or any Zave Platform.
  14. You shall request Zave, to block the Account and change the passcode immediately for the account, if your device has been lost or stolen.

3. Violation of Terms of Use or Suspicious Activity

If We believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy, Supplemental Terms applicable to certain services or any agreements consented to via the Zave App, we reserve the right to suspend your access to the Zave App and/or delete your account without prior notice to You. If We have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to Zave Services. If we suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that is disingenuous (for example: placing orders without intending to take delivery or intending to subsequently cancel all or substantially all of them); (ii) that it is not intended to be availed; (iii) that purports to artificially increase (or decrease) your transaction volume or usage of the App; (iv) that is designed to deliberately side step fair use restrictions; (v) that may result in you gaining an undue, unfair or unethical advantage over other Users or Commercial Partners; (vi) that is intended to cause losses or other harm to Commercial Partners, Zave reserves the right to reverse the relevant transaction, suspend the account or restrict you from using the App in its entirety or any specific feature(s) thereof. You may reach out to the Zave support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion.

4. Termination / Deletion of Your Account

You may end your legal agreement with Zave at any time by deactivating your account and discontinuing the use of Zave Services.

Following a request for deletion, or termination of account by Zave, We consider the agreement to be terminated and take appropriate steps. Provided, however, Zave may continue to maintain transaction records for record-keeping purposes and/or regulatory reasons. Zave may continue to retain a record of your transactions made on the Zave App for regulatory and archival purposes.

5. Rewards

Zave reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of loyalty points, including the number of such loyalty points received in proportion to the User's activities. Further, Zave reserves the right to disqualify any User, who does not meet the offer requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any loyalty points. Zave also reserves the right to discontinue or change or issue any new form of rewards offered at any time, at its sole discretion.

6. Privacy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you also hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Zave Services may be shared with our subsidiaries, afliates or partners, and/ or used by us for enhancing the Zave Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

7. Disclaimer

The Zave Services, including all content, software, functions, material, and information made available or accessible through the Zave Platform are provided “as is”. Zave and their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.

Zave does not warrant that the functions contained in the content, information and materials on the Zave App, including, without limitation any third-party sites or services linked to the Zave App or any Zave Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Zave App or the servers that make such content, information, and materials available are free of viruses or other harmful components.

8. Limitation of Liability

In no event shall Zave, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Zave 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 Zave Platforms, Zave App or Zave Services.

9. Indemnity

You agree to defend, indemnify and hold harmless Zave, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively 'Indemnified Parties') from and against any and all claims, demands, damages, obligations, losses, liabilities, causes of action, costs or debt, and expenses (including any legal fees) arising from:

  1. your use of and access to the Zave App;
  2. your violation/breach of any of these Terms of Use;
  3. your violation of any third party right, including any intellectual property right or privacy right;
  4. the committing of any of the prohibited activities as stated herein;
  5. your failure to be in compliance with applicable law, including tax laws and cyber security laws; or
  6. any claim that your use of the Zave App caused damage to a third party.

10. Disputes & Arbitration

In consideration for Zave granting you access to and use of the Zave App, Zave Platforms and Zave Services, you agree that in case of any dispute between You and any Commercial Partner or other User or recipient of the funds transferred by You, Zave shall not be a party to the same. While Zave is not obligated to mediate or resolve disputes, Zave will assist Users in communicating with each other regarding a dispute. Zave may at its own discretion, however, without having any obligation to do so, assist in resolving the disputes between the Users and the Commercial Partners.

Except as otherwise set forth in these Terms of Use, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Zave Services or these Terms, including those relating to its validity, its construction or its enforceability, but excluding those provisions where it has been specified that Zave's decision shall be final, (any “Dispute”) shall be, if initiated by the User, first raised by the user to mail@zave.app. If such Dispute has not been settled within sixty (90) days after the User reaches out to the aforementioned email IDs, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). Provided however when Zave raises any dispute, Zave may directly initiate arbitration in accordance with this clause. The Dispute shall be resolved by one (1) arbitrator to be appointed by Zave. The place of the arbitration shall be Bangalore, India. The language of the arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

11. Use and Protection of Intellectual Property Rights

Zave App, Zave Website, Zave logos and Zave Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the Zave App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the Zave App and the Zave Platforms, subject to your agreement to these Terms of Use.

12. Tax Liability

You hereby agree to comply with any and all applicable tax laws in connection with your use of the Zave Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the Zave App, or funds/income received through the Zave Services. You hereby agree and acknowledge that if and when required by applicable law, Zave, may deduct tax deducted at source from your winnings/ cashback and/or may require You to submit PAN details before providing you cashback or other winnings.

13. Governing Law and Jurisdiction

The Zave App, the Zave Services, all your transactions with the Zave App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India.

14. Assignment

You shall not transfer or assign any of Your rights and obligations arising from these Terms of Use.

15. General

No joint venture, partnership, employment or agency relationship exists between you, Zave or any Third Party as a result of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, Zave shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use (together with any additional terms displayed in specific sections of the Zave App or Zave Website) constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding the such subject matter.

16. Updation

We may amend these Terms of Use at any time by posting an updated version on the Zave Website. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the Zave App. However, please be aware that your continued use of the Zave Services from the launch of any updated Terms of Use would mean deemed acceptance of such updated Terms of Use including any modification thereof. We recommend you keep checking the Terms of Use often to be familiar with any updates and changes.

17. Contact us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact customer support within the Zave App, on Zave's official social media channels, or write to us at mail@zave.app