Terms & Conditions – Merchant App

ZATAAKSE 

TERMS AND CONDITIONS

These terms of use (“Terms of Use”) are electronic record in the form of an electronic contract formed under the 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 do not require any physical, electronic or digital signatures.

These Terms of Use are a legally binding document between the merchant or vendor, by whatever name known, and Zataakse (both terms defined below). These terms of use shall govern the relationship between the merchants and / or vendors (“Merchant” or “Vendor” or “You” or “Your” or “Yourself”) registered on the ‘ZataakSe for business’ platform’ and mandate the terms on which the merchant avails ZataakSe services and accesses the platform (both terms defined below).

Please read the terms of use carefully before using the platform, ZataakSe services (both terms defined below) and the merchant platform that gives you access to information related to the ZataakSe services . By accessing the merchant platform or accepting the electronic mail sent to you by ZataakSe containing these terms of use, as applicable, you accept these terms of use and agree to be legally bound by the same. If you do not agree with these terms, please do not use the platform or avail any ZataakSe services (defined below) being offered through the platform. 

ZataakSe reserves the right to change these terms of use from time to time. It will be presumed that the merchant has consented to any such changes if and when merchant accesses the platform or avails ZataakSe services. The Merchant may decline such changes by discontinuing access to the platform or by not availing ZataakSe services.

 

The mobile application ‘ZataakSe’ (“ZataakSe App” or “App”) is the Merchant Platform and is the technology platform owned and operated by Zataakse Technology Solutions Private Limited (“ZataakSe”), that enables the Merchant to connect with third-party users who may have availed of services of ZataakSe through its mobile application or otherwise and enables the Merchant to deliver the desired goods or / and services to the user through delivery agents or personnel which are operated and controlled by the Merchant. All of such properties are collectively referred to as, the “Platform”. ZataakSe merely acts as a technology platform which allows the Merchant to connect with the User. You hereby agree and acknowledge that the role of ZataakSe is limited to operating and managing the Platform and providing ZataakSe Services (Defined Below). You hereby further agree and acknowledge that ZataakSe does not in any manner provide logistics service nor the Merchant an employee or an agent of ZataakSe. 

Use of and access to the Platform, is offered to You upon the condition of acceptance of (i) these Terms of Use, (ii) any agreement signed by You with ZataakSe (iii) the Privacy Policy available at (Privacy policy link), and (iv) any amendments made by ZataakSe at its sole discretion and posted on the Platform from time to time.

PART A- GENERAL TERMS RELATING TO ZATAAKSE SERVICES

This Agreement is made between Zataakse Technology Solutions Private Limited , a company incorporated under the laws of India, with its registered office at ______________________ and having CIN: ____________________________ (“ZataakSe”)

AND

A person carrying on business as a vendor, grocer, shop-keeper, or seller of any merchandise, by whatever name known, who has agreed to be registered on the Platform of ZataakSe as a Vendor and thereby agreed to render services to users through the ZataakSe Mobile App and has been so accepted based on the representations made by such person and subject to the terms and conditions set out herein.

 

General:

WHEREAS ZataakSe owns and operates an online or mobile market place called “ZataakSe”, which is an online / mobile app based platform where users may place Orders which are serviced through Merchant registered with the App. Any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by ZataakSe that lists and aggregates the goods, service and merchandise available for sale based on the inventory provided by the Merchant registered with it.

AND WHEREAS on the basis of the representations and warranties provided by the Merchant, ZataakSe has agreed to list the Merchant on the Platform to enable the Merchant to provide services of sale, pick-up and delivery of goods, services, or merchandise, as may be sought by the user, through Platform in accordance with the terms and conditions as hereinafter provided.

Scope :

The execution of this Agreement and providing the details sought by ZataakSe shall effect in the registration of the Merchant and the Establishment operated by the Merchant with ZataakSe and shall make the Merchant and the Establishment operated by the Merchant eligible for an online account on the Platform (“Account”) for providing  Services through the Platform.

The registration of the Merchant and Establishment operated by the Merchant with ZataakSe shall at all times be subject to compliance with the requirements and obligations set out in this agreement. The registration of the Merchant and establishment operated by the Merchant with ZataakSe shall further be subject to such other details and documents in respect of the registration of the Merchant and establishment operated by the Merchant as may be sought by ZataakSe.

The Merchant acknowledges and agrees that all rights, obligations and liabilities of the Merchant and ZataakSe shall be governed in accordance with this Agreement. The Merchant hereby represents that the Merchant has read and understood this Agreement fully and the terms contained therein are agreeable to the Merchant.

Device :

For registration on the ZataakSe App, the device of such model and functionality as may be specified and notified by ZataakSe (“Device”) to the Merchant may be used by the Merchant.

In the event the ZataakSe App is not functioning properly on the Merchant’s Device, the Merchant shall immediately inform ZataakSe of the same.

If the Merchant’s Device is damaged and is not repairable due to any reason, the Merchant shall immediately inform the same to ZataakSe and request for installation of the ZataakSe App on any new Merchant Device. In this connection, ZataakSe may charge such fees as may be determined by ZataakSe for re-installation of the Merchant App on the Device.

Registration:

You shall be permitted to access the Platform, avail of the ZataakSe Services and connect with users on the Platform after completing the onboarding process. 

A one-time registration fee may be payable by you to ZataakSe at the time of registration. However, ZataakSe may, at its own discretion, waive the one-time registration fee. The decision of ZataakSe as regards waiver of the one-time registration fee will be entirely discretionary and final.

When You register with ZataakSe, You will be required to provide information about You and/or Your organisation. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform ZataakSe of the same, in writing, at least 2 (Two) weeks prior to the date on which such change shall take effect. You acknowledge and accept that ZataakSe has not independently verified the information provided by You. ZataakSe shall in no way be responsible or liable for the accuracy, inaccuracy, obsolescence or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, obsolete or incomplete, or ZataakSe has reasonable grounds to suspect that such information is untrue, inaccurate, obsolete or incomplete, ZataakSe reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

 

ZataakSe Services:

ZataakSe provides You with the following services (“ZataakSe Services”):

• It provides You with a license to access the Platform; and
• The Platform allows You to connect with the user and service the order placed by the user subject to the terms and conditions contained herein. 

ZataakSe may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or transfer any of the ZataakSe Services from time to time. ZataakSe does not provide any guarantee to You that the ZataakSe Services will be made available to You at all times.

You agree that You shall at all times use the Platform and ZataakSe Services for lawful purposes and you agree not to use the ZataakSe Services for items which are illegal, immoral, hazardous, unsafe, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation or the provisions of these Terms of Use.

You agree that You are well aware of the contents of the package sent or delivered by You or upon your instructions, and that such contents are legal and within limits of transportation/logistics under applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, insects, animals, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws) (all of such items, the “Restricted Items”).

ZataakSe does not check or verify the packages that are being picked up and dropped off on your behalf or the Items that are being delivered to You, and therefore ZataakSe shall have no liability with respect to the Items or Your use of the ZataakSe Services and the Pick Off and Drop Off Services. However, if it is brought to the knowledge of ZataakSe through any law enforcement authority or any other third-party that You have packaged any Restricted Items or availed the Pick up and Drop Off Services using the Platform to deliver any Restricted Items, ZataakSe may at its sole discretion take appropriate actions including suspension or termination of Your Account and ZataakSe Services. ZataakSe may also, on a request received from the law enforcement authority provide requisite details as may be requested, which may include but not be limited to details of Your organisation, Your personal details, transaction history, payment details, geo locations, logistics information, etc to such authorities.

If an order accepted by You on the Platform cannot be completed, You shall be notified of the same.

ZataakSe shall use Your location based information that is captured by ZataakSe through a global positioning system when You are using Your personal mobile device to request a ZataakSe Service on its Platform. Such location based information shall be used by ZataakSe to facilitate and improve the ZataakSe Services being offered to You. You acknowledge and hereby consent to the monitoring, tracking and sharing of Your geo-location information. 

MERCHANT INFORMATION

You are solely responsible for and in control of the information You provide to us. The information provided by you is owned by ZataakSe.

In a case where the Platform is unable to establish a unique identity of the Merchant against the details provided by the Merchant, the Account shall be indefinitely suspended. ZataakSe reserves the full discretion to suspend a Merchant’s Account in the above event and does not have the liability to share any Account information whatsoever

PAYMENT AND TAXES

Payments:

• While initiating a request from a User, You have to provide a User with the same items as may be selected by the User from the catalogue displayed on the Platform. 
• Once You accept the request/Order, You are allowed to receive the payment from the User through UPI transaction only by using the Platform and the UPI mode specified by ZataakSe.
• All settlement between the Merchant and ZataakSe shall be made weekly, on a day communicated to You by ZataakSe and in compliance with applicable law. 
• Merchant agrees that ZataakSe may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform.
• ZataakSe does not accept any money from the Users directly. 
• ZataakSe may also request the Merchant to provide requisite details, which may include the details of Your organisation, Your personal details, transaction history, payment details, geo locations, logistics information, account details and information, bank statements, etc.
• You undertake to pay the charges/ commission to ZataakSe on Weekly basis subject to the sale done by You using the Platform.
• The Merchant shall maintain and render true and correct accounts of all transactions effected from the ZataakSe App or Platform, and communicate the same to ZataakSe on demand, within such reasonable period of time as ZataakSe may deem fit.
• ZataakSe or any of its officers or persons authorised by ZataakSe may, with prior intimation and notice of 24 hours, visit the Merchant establishment to inspect books of accounts, which shall be furnished on demand, to reconcile accounts and  transactions effected by the Merchant through the ZataakSe App.

Taxes:

• You are responsible to comply with the applicable tax regulations for the transactions completed using ZataakSe Services including, but not limited to, compliance with goods and service tax, withholding taxes, if any. You agree and acknowledge that any settlement amount to be paid by Merchant for Pick up and Drop off Services shall not be subject to deduction of goods and service tax or withholding taxes. Such settlement is merely a pass through amount for the Delivery. Any obligation for deduction of goods & service tax or withholding taxes shall be with You. ZataakSe shall make available the details of Pick up and Drop off Services to You to enable You to comply with Your tax obligations.
• You further agree and acknowledge that ZataakSe shall not be held responsible/liable for any compliance or non-compliance of applicable tax laws by You.

Rating

You agree that after completion of a transaction on the Platform, the Platform will prompt the Merchant with an option to provide a rating and comments about the service provide by the Merchant.

ZataakSe and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of ZataakSe and its affiliates without attribution to or approval of Merchant and You hereby consent to the same. ZataakSe and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or ZataakSe’s or its affiliates’ content policies.

 

PART B: SPECIFIC TERMS FOR ZATAAKSE SERVICES

Cancellation

If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that You are allowed to cancel the order within 1 minute of accepting the order.

The transaction initiated by You on the Platform may be cancelled, if:

• Information, instructions and authorisations provided by the user (including the details of pick up and drop off location) is not complete or sufficient for You to execute the transaction initiated by the user.
• If You  are not available to perform the services, as may be requested.
• If the transaction cannot be completed for reasons not in control of ZataakSe or the Merchant, including any technical glitch.

PART C: GENERAL TERMS OF USE

Non- Exclusive

ZataakSe’s Services shall be provided to You on a non-exclusive basis.

Eligibility to Use

ZataakSe reserves the right to refuse access to the Platform, at any time to new Merchant or to terminate or suspend access granted to existing Merchant at any time without according any reasons for doing so.

Unless otherwise permitted by ZataakSe, You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.

USER ACCOUNT AND SECURITY

In order to use the Platform and avail the ZataakSe Services, You will have to register on the Platform as stipulated herein (“your Account / the Account”). You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify ZataakSe of any unauthorized use of Your Account information or any other breach of security. ZataakSe cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by ZataakSe or any other visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another Merchant’s Account information for using the Platform is expressly prohibited.

You undertake to allow ZataakSe check the details of Orders taken and completed by You, and Business done by You using the Platform as and when requested. 

 

CONFIDENTIAL INFORMATION

“Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include that information that (a) was previously known to the Recipient without an obligation of confidentiality; (b) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each Recipient agrees that it will not disclose to any third parties, or use in any way other than as necessary to perform this Terms, the Discloser’s Confidential Information. Each Recipient will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are be bound by written obligations of confidentiality at least as protective of the Discloser as this Terms before such individual has access to the Discloser’s Confidential Information. Each Recipient will not, and will not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent the Discloser has authorized such disclosure, nor to the extent a Recipient is required to disclose certain Confidential Information of the Discloser as a legal obligation based on the applicable laws and regulations or order of a court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose and reasonably assist in filing petition of objection etc. prior to making such disclosure. Upon expiration or termination of this Terms and as requested by the Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form.

REPRESENTATIONS AND WARRANTIES

Each party hereby represents and warrants that: (a) it has full power and authority to enter into these Terms of Use and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined below) will not enter into, any terms that would prevent it from complying with or performing under these Terms of Use (in your case, including without limitation, any exclusive terms with any third parties for the pick and drop off services via a technology platform); and (d) the content, media and other materials used or provided as part of these Terms of Use shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.

You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines; (iii) on obtaining and maintaining throughout the Term any and all valid license, approvals, registrations, no objection certificates and in compliance with any law that may be specifically applicable to the business being carried out by Merchant and/or for use of the Platform or ZataakSe Services by Merchant. You agree not to engage in activities that may adversely affect the use of the Platform by ZataakSe or other merchants.

You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the ZataakSe Services.

You represent and warrant that You are legally authorised to view and access the Platform and avail the ZataakSe Services.

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by ZataakSe. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any ZataakSe Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. ZataakSe disclaims all liabilities arising in relation to such offensive content on the Platform.

Further, You undertake not to:

• defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
• do any such thing that may harms minors in any way;
• copy, republish, post, display, translate, transmit, reproduce or distribute any ZataakSe Property through any medium without obtaining the necessary authorization from ZataakSe;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
• engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
• attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any ZataakSe server, or through the Platform, by hacking, password mining or any other illegitimate means;
• 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. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
• 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 sites;
• collect or store data about other user, merchant, in connection with the prohibited conduct and activities set forth herein;
• use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
• use the Platform or any material or ZataakSe Property 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 the Company or other third parties;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• impersonate any other user,  or person;
• violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
• violate these Terms of Use contained herein or elsewhere;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
• reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

You agree and acknowledge that the use of the ZataakSe Services offered by ZataakSe is at Your sole risk and that ZataakSe disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ZataakSe. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms of Use, by any person or entity, without ZataakSe’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, ZataakSe hereby grants You a non-exclusive, freely revocable (upon notice from ZataakSe), non-transferable access to view the Material on the Platform.

The Merchant represents and warrants that the Merchant is the registered owner or the lessee, as the case may be, of the Merchant Establishment and permit holder for running the Merchant Establishment

The Merchant represents and warrants that the Merchant has all requisite power and authority to deliver and perform the obligations imposed herein.

The Merchant represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Merchant T&C does not and will not conflict with any law or regulation applicable to the Merchant or any guidelines, rules, regulations including any judicial, official, governmental and/or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Merchant is a party.

The Merchant warrants that the ZataakSe will be used only for the purpose set out under this Agreement and in accordance with the terms thereof.

The Merchant represents and warrants that the Merchant has not been convicted by any court in India for any cognizable offence or an offence punishable with imprisonment for more than 3 years, under the laws of India.

INTELLECTUAL PROPERTY RIGHTS

The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by ZataakSe (“ZataakSe Property”) and the design, structure, selection, coordination, expression, look and feel and arrangement of such ZataakSe Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use ZataakSe Property without the prior written consent of ZataakSe.

The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of ZataakSe, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of ZataakSe or such third party as may be applicable.

DISCLAIMER OF WARRANTIES & LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law:

The Platform, ZataakSe Property and ZataakSe Services are provided by ZataakSe on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ZataakSe makes no warranty that (i) the Platform, ZataakSe Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from ZataakSe shall create any warranty not expressly stated in these Terms of Use.

You agree that ZataakSe’s role is limited to :

(a) managing and operating the Platform and being a market place solely for the display of the goods, services and merchandise in the manner decided by ZataakSe unilaterally, 

(b) facilitating the sale and purchase of goods and services between independent, individual buyers and sellers, by enabling access to and use of the Platform, and 

(c) Being an intermediary providing online marketplace services and the Service Provider App is only a platform where Merchant shall offer Goods to the users on execution of the Agreement and registration and acceptance by users of the user terms and conditions on the Platform.

ZataakSe disclaims and shall disclaim all representations and warranties to the Merchant, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the ZataakSe App and Platform or the services provided through the Service Provider App on the Platform and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of the Service Provider’s App and Platform.

To the extent permissible under applicable laws, ZataakSe disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Merchant (a) of the laws applicable to the Merchant; (b) of the terms of the applicable licenses and permits that are issued by the concerned competent authorities; (c) of the terms of the Agreement; or (d) of the duty of care the Merchant owes to the users of the Platforms.

ZataakSe does not warrant to the Merchant that the Merchant will be able to use the Service Provider App or the Platform at all times or locations or that the Service Provider App or the Platform and the ZataakSe Services provided through the Service Provider App or the Platform will be uninterrupted or virus-free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by ZataakSe.

ZataakSe will have no liability related to any Merchant content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. ZataakSe also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Merchant content.

ZataakSe will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.

ZataakSe shall not be responsible for the delay or inability to use the Platform, ZataakSe Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, ZataakSe shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond ZataakSe ‘s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

ZataakSe shall not be liable for any damages, loss, cost, expense of any kind arising from Your use of the Platform or ZataakSe Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

ZataakSe reserves the right to update the Platform or any part thereof at any time at its sole discretion, without notice to You.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless ZataakSe and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all 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 the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, ZataakSe Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of these Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or ZataakSe Property or ZataakSe Services on the Platform.

Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or ZataakSe Services.

You agree and acknowledge that You are solely responsible for the items that You get delivered using Pick Up and Drop off services through the Platform. ZataakSe shall in no manner be responsible for any loss, theft or damage. ZataakSe disclaims any and all liability for any loss, theft or damage caused to the Merchant or to the Pick Up and Delivery agent irrespective whether Merchant chooses to avail an insurance or not.

ZataakSe shall not be liable for any accidents/incidents involving the delivery vehicle, while providing the Services. All miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the delivery agent or personnel engaged by the Merchant, or as the case may be, by the Merchant, and ZataakSe shall not be held liable or responsible for the same.

The Platform and the ZataakSe Services are only available to merchants located in India. Merchant shall not access or use the Platform from any other jurisdiction except for India. If a Merchant accesses or uses the Platform from any other jurisdiction except for India, the Merchant shall be liable to comply with all applicable laws and ZataakSe shall not be liable for the same, whatsoever.

VIOLATION OF THE TERMS OF USE

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ZataakSe, for which monetary damages would be inadequate, and You consent to the ZataakSe obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the ZataakSe may have at law or in equity. If ZataakSe takes any legal action against You as a result of Your violation of these Terms of Use, ZataakSe will be entitled to recover from You, and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

ADDITIONAL TERMS

We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of these Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

LINK TO THIRD PARTIES

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). ZataakSe shall not be responsible for examining or evaluating such third party websites, and ZataakSe does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. ZataakSe does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.

TERM AND TERMINATION

These Terms of Use will continue to apply until terminated by either You or ZataakSe as set forth below. If You object to these Terms of Use or are dissatisfied with the Platform, ZataakSe Services, Your only recourse, subject to the clearance of all payment obligations to ZataakSe, is to terminate Your Account on the Platform by giving a 15 days’ advance written notice to Us. ZataakSe will make Your account dormant upon receipt of request in writing and payment of outstanding dues, if any. Even after your account with ZataakSe is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per these Terms of Use.

The Company may terminate Your future access to the Platform or suspend or terminate Your Account and ZataakSe Services if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

You hereby agree and acknowledge, upon termination, ZataakSe shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.

You hereby further agree and acknowledge that nothing contained in this Clause shall be construed as a waiver of ZataakSe’s right to payment of the outstanding dues. You hereby further agree and acknowledge that on or before termination, You shall ensure that all the monies due to be paid to ZataakSe is paid in a timely manner.

You hereby further agree and acknowledge that in case of non-payment of dues within the prescribed timelines: (i) ZataakSe shall not in any manner be liable to payment of such due; and (ii) ZataakSe may: (a) adjust the amount due from the amount payable by ZataakSe to You; and (b) at its sole discretion take appropriate legal action against You to recover the same and/or on receiving a request.

GOVERNING LAW

These Terms of Use and the relationship between ZataakSe and You shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum, applicable authorities at Navi Mumbai.

REPORT ABUSE

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: _____________. In case You have any queries with respect to the Terms of Use or the ZataakSe Services, please write to Us at _________________. 

COMMUNICATIONS

You hereby expressly agree to receive communications by way of S SMS and / or instant messaging platforms and / or e-mail from ZataakSe, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and / or instant messaging platforms and / or e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the ZataakSe Service.

GENERAL

Amendments: ZataakSe reserves the unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. You can determine when these Terms of Use were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

Notice: All notices from ZataakSe will be served by email to Your registered email address or by general notification on the Platform.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. ZataakSe’s rights under the Terms of Use are freely transferable by ZataakSe to any third party without the requirement of informing You or seeking Your consent.

Force Majeure: Any delay in or failure to perform any obligations by either party under these Terms of Use shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, epidemic, pandemics or similar outbreak (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to ZataakSe. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which ZataakSe receives the notice from You as above, ZataakSe shall have the right to terminate these Terms of Use.

No Agency: Merchant shall not be deemed to be ZataakSe’s agent, servant, or employee in any manner for any purpose whatsoever.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by ZataakSe to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by ZataakSe of that provision or right.

Equitable Remedies: Merchant acknowledge and agrees that monetary damages may be an inadequate remedy for breach or threatened breach of the provisions of these Terms of Use, and Merchant agrees that in the event of a breach of any provisions of these Terms of Use by the Merchant, ZataakSe’s rights and obligations hereunder, in addition to any and all other rights and remedies that may be available to ZataakSe in respect of such breach, shall be enforceable by specific performance, injunctive remedy or any other remedy available in any court of competent jurisdiction.

Integration: These Terms of Use together with ZataakSe’s Privacy Policy and any other legal notices, communications published by ZataakSe on its Platform, and any other agreements executed between You and ZataakSe shall constitute the entire agreement between you and ZataakSe concerning its Platform, ZataakSe Services and governs Your use of the Platform and ZataakSe Service, superseding any prior agreements between You and ZataakSe with respect to the Platform and ZataakSe Service.

IP Infringement: If You believe the Platform violates Your intellectual property, You must promptly notify ZataakSe in writing at ______________. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

• the intellectual property that You believe is being infringed;
• the item that You think is infringing and include sufficient information about where the material is located on the Platform;
• a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
• Your contact details, such as Your address, telephone number, and/or email;
• a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
• Your physical or electronic signature.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Grievance Officer:
Designation: Email: