TERMS OF SERVICE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service of the ecommerce website.

Definitions

“payzao.in” means the online shopping platform and the services to buy the products listed on the site.

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

“Vendor” / “Seller” shall mean the person or any legal entity who offers for sale, sells the products on the payzao.in platform / website. ”Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on the Website and the related description, information, procedure, processes, warranties, delivery schedule, etc.

The ecommerce website (referred to as Website) is owned by PAYZAO SHOPPING., a company incorporated under the Companies Act, 1956 with its registered office at Office F1, City Centre, Club Road, Ranchi, JH, India .

By using the Website, you shall be deemed to have contracted with PAYZAO SHOPPING. , and have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement.

Your use of the Website and the underlying services are subject to and governed by the following terms and conditions (‘Terms of Service’) including the applicable policies which are incorporated herein by way of reference.

For the purpose of these Terms of Service, wherever the context so requires ‘You’ or ‘User’ shall mean any natural or legal person who has agreed to become a buyer by providing Registration Data while registering as Registered User. The term ‘We’, ‘Us’, ‘Our’ shall mean PAYZAO SHOPPING.

When You use any of the services provided by us through the Website, including but not limited to Offering, Selling, Buying, Shipment, Payment facilitation, Credit facilitation etc, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time without any prior written notice to You. It is your responsibility to review these Terms of Service periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Service, we grant You a personal, non-exclusive, non-transferable, limited privilege to use the Website.

ACCESSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF SERVICE, SO PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Service, you also accept and agree to be bound by PAYZAO SHOPPING. policies (including but not limited to Privacy Policy) as amended from time to time.

We will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

User agrees and acknowledges that use shall be solely responsible for user’s conduct and that the Company reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall the Company, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

We therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

We shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of payzao.in.

Reviews and Public Communication

PAYZAO SHOPPING.  may, but is not required to, monitor, edit, delete or disclose the contents of a user’s email or reviews as required for normal maintenance of any of the websites or in the good-faith belief that such action is necessary to:

(1) comply with the law or comply with legal process served on payzao.in;

(2) protect and defend the rights or property of payzao.in;

(3) protect the personal safety of other Website users or the public; or

(4) to ensure compliance with our Terms and Conditions.

Copyright Infringement

Without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.

Limitation of Liability

The company, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Website content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event will company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any Website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you the Website.

Indemnity

You agree that you will indemnify and hold harmless company and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the Website, including but not limited to any information or content that you post on any of the Website.

Copyright

All rights reserved. Everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of the Company.

Trademarks

The trademarks, logos, and service marks (“Marks”) displayed on the Website are registered and unregistered trademarks of payzao.in, its affiliates and other respective third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks. All information and content including any software programs.

Data Protection

payzao.in may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy.

Force Majeure

payzao.in shall have no liability to you for any interruption or delay in access to the Website irrespective of the cause.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use the Website, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the Website by user after such notice shall be deemed to constitute acceptance by the user of such modifications.

Selling

As a registered Seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Service. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. We reserve the right to delete such multiple listings of the same product listed by you in various categories. You will be responsible for providing us the correct and apt information/description/specification of the product which you want to sell on the Website. Further, it will be your whole and sole responsibility for the correctness of the same.

Please see Vendor Agreement for further details.

Electronic Communication

When you visit the Website or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

License and Site Access

The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the website and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses 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; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the website’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.

Disclaimer of warranties

payzao.in has made this service available to use as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Service(s) of the Company is provided on an “as is” basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing us the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work;

(3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit the Website to locate the material;

(4) your address, telephone number, and email address;

(5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s agent for notice of claims of copyright infringement for the Website can be reached by mail at admin@payzao.in.

Warranty Disclaimers

The Company recognizes the value of providing accurate and timely content. However, the Website is provided “as is” and without warranties of any kind either express, statutory or implied. Without limiting the foregoing, the Company wants to ensure that you understand that there are no warranties:

• That access to the Website will be error free or uninterrupted.
• That the information on the Website will be accurate, complete or reliable.
• That the Websites will be free of any virus, worm, Trojan horse or other harmful software code or of title or non-infringement.

payzao.in hereby disclaims any and all implied warranties in connection with the websites, including without limitation of merchantability and fitness for a particular purpose.

Disclaimer as to Third Party Web Sites

payzao.in also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to the Websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. The Company is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. The Company does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Website. payzao.in does not make any representations or warranties as to the security of any information, including, available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through payzao.in for commercial or public purposes.

Governing Law

This site is created and controlled by payzao.in. The laws of India shall apply and courts in Indore shall have jurisdiction in respect of all the terms, conditions and disclaimers. payzao.in reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website.

Limitation of Liability

IN NO EVENT SHALL PAYZAO SHOPPING. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF SERVICE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Dispute Resolution

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Indore, Madhya Pradesh, India.

Suspension due to Non-Compliance with Agreement

Notwithstanding other legal remedies that may be available to payzao.in, the Company may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of payzao.in; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or payzao.in. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Contact Information

If you have questions or concerns regarding these Terms & Conditions, please contact our support at info@payzao.in.