SCOPE OF SERVICES
ACCEPTANCE OF THE TERMS
By using the Zvolv Platform, you represent and warrant that:
(b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information;
(e) your use of the Zvolv Platform does not violate any applicable law or regulation. Use of the Zvolv Platform is void where prohibited.
In the event, the Company discovers that you are competitor of the Company or the Platform, the Company reserves the right to restrict or remove your access to the platform, without any notice to you.
REGISTRATION AND YOUR ACCOUNT
SECURITY AND ACCESS TO YOUR ACCOUNT
You are solely responsible for maintaining the confidentiality of your username and password and for all activities carried out under your account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise. You agree not to use the account, username or password of another user (unless validly authorized) at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. You agree not to access or use the Zvolv Platform in any manner that could damage, disable, overburden, or impair any computer system, network, website, the Zvolv Platform or any other product, service or website operated by us or any other person. You also agree not to interfere with or attempt to gain unauthorized access to any parts of the Zvolv Platform or any accounts, computer systems or networks, etc. You agree not to use any robot, spider, scraper or other automated means to access the Zvolv Platform or any other product, service or website operated by us or any other person. We may, at our sole discretion, permit the use of distribution channels such as application programming interfaces for the Zvolv Platform.
CONTENT AND PRIVACY
You are solely responsible for the content that you create or store on the Zvolv Platform, along with the consequences of its transmission, by you. You are further responsible for ensuring that you do not accidentally make any private content publicly available. The Service Providers understands that any content that they receive through the use of the Zvolv Platform is provided to them on a “AS IS” basis and they undertake not to use or otherwise exploit such content for any commercial purpose without the express written consent of the person who owns the rights to such content. We make no warranties, express or implied, as to the accuracy or reliability of the content or any material or information that you (including Service Provider) receive through the Zvolv Platform. You represent and warrant that the content you create and store on the Zvolv Platform does not violate any applicable law, rule or regulation or third party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You agree to indemnify us against any claims against us arising out of your content.
The Zvolv Platform may also provide you with the ability to modify any of your content. You acknowledge and agree that you are solely responsible for any modifications you may make and the same is required to be in accordance with applicable law.
You acknowledge that the Company does not make any representations or warranties about the Content which you may have access to as part of the services, or through your use of this Platform. Under no circumstances, the Company is liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform.
You agree that you are solely responsible for your reuse of Content made available through the Platform.
FEES AND SUBSCRIPTION PLANS
Currently, the Zvolv Platform is free of cost for the users (customers/clients of Service Providers) of the Platform. However, the Company reserves the right to levy certain fees or charges, for the use of the Zvolv Platform or certain features available through the Platform. You agree to pay any such fees, as may be applicable. The Service Provider’s shall be required to pay the subscription fee as detailed in the Master License Agreement, to be executed between the Service Providers and the Company, for availing the subscription plans available on the Zvolv Platform.
SUBSCRIPTION TO BETA SERVICES
We may offer certain services on the Zvolv Platform as closed or open beta services ("Beta Services") during the testing and evaluation period. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. We also reserve the right to make the Beta Services available for a subscription fee (which may or may not be lower than the subscription fee payable for Paid Services).
You agree not to use the Zvolv Platform for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. You agree not to modify or create a derivative work of any part of the Services, You shall indemnify us for any claim, loss, damages or liability arising out of or as a result of your misuse of the Zvolv Platform or the Services.
Despite these prohibitions, content communicated by other users of the Zvolv Platform may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
INACTIVE ACCOUNTS POLICY
We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than 60 days. In the event of such termination, all data associated with such account may be deleted. We will provide you prior notice of such termination by email.
We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail or important notices pertaining to our arrangement. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Zvolv Platform, or our offers.
THIRD PARTY LINKS AND INTERACTION
Additionally, we may provide hyperlinks though the Zvolv Platform, or any other form of link or redirection of your connection to other sites and mobile applications ("Third Parties"). Links to these Third Parties are provided solely for your convenience and in no way does the inclusion of any link on the Platform or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Parties linked to, by, or through the Zvolv Platform. You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.
We may provide you with certain ancillary services such as testimonies, blogs and reviews for the Services. Subject to any applicable laws, any communication shared by you via the Platform or through the blogs, reviews or otherwise to us (including without limitation contents, images, audio, financial information, feedback etc. collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. You shall be responsible for the content and information contained in any Feedback shared by you through the Platform or otherwise to us, including without limitation for its truthfulness and accuracy.
Sharing your Feedback with us, constitutes an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback and you authorize us to use the Feedback for any purpose, which we may deem fit.
SERVICE PROVIDER APPLICATIONS
The Platform hosts certain micro applications, owned and operated by the Service Providers. The access to these micro applications are provided solely for your convenience and in no way does the inclusion of any of these micro application on the Platform imply our affiliation or endorsement of any specific micro application, the business practices (including their privacy policies) or any information of the Service Provider. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of these micro application. You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any of your dispute with other users or the Service Providers.
Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Zvolv Platform and that you will indemnify us for any claims which may arise on us in this regard.
We have invested substantial time and effort into developing the Zvolv Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Zvolv Platform. You agree that any infringement of these restrictions will cause us irreparable loss.
DISCLAIMER OF WARRANTIES
We do not warrant that:
(a) the Zvolv Platform will meet your specific requirements;
(b) the services on the Zvolv Platform will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Zvolv Platform will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Zvolv Platform will meet your expectations; and
(e) any errors on the Zvolv Platform will be corrected.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM'S CONTENT OR THE DETAILS AND CONTENTS SHARED BY THE MEMBERS OR THE SERVICE PROVIDERS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR SERVICE PROVIDERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PRODUCTS AND THE SERVICES AVAILABLE ON THE PLATFORM ARE PROVIDED SOLELY BY THE SERVICE PROVIDERS AND THE PLATFORM IS NOT RESPONSIBLE OR LIABLE FOR THE QUALITY, QUANTITY OR THE NATURE OF SUCH PRODUCTS AND SERVICES. ANY ADVICE, CONSULTATION, REPORTS, DOCUMENTS OR DETAILS PROVIDED OR REQUESTED BY THE SERVICE PROVIDERS, THROUGH THE PLATFORM, IS SPECIFIC TO SUCH SERVICE PROVIDER AND THE PLATFORM OR THE COMPANY IS NOT PRIVY TO THIS INTERACTION BETWEEN YOU AND THE SERVICE PROVIDERS. THE COMPANY OR THE PLATFORM SHALL NOT BE HELD LIABLE OR MADE A PARTY TO ANY OF THE TRANSACTION OR CLAIM WHICH YOU MAY HAVE OR RAISE AGAINST THE SERVICE PROVIDERS. THE PLATFORM DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY FOR THE PRODUCTS AND SERVICES OFFERED BY THE SERVICE PROVIDERS.
THE PLATFORM ALSO DOES NOT GUARANTEE CONTINUED ACCESS TO THE MICRO APPLICATIONS OWNED AND OPERATED BY THE RESPECTIVE SERVICE PROVIDERS. THE MICRO APPLICATIONS SHALL HAVE THEIR OWN POLICIES, YOU AGREE AND UNDERTAKE TO READ, UNDERSTAND AND ADHERE TO SUCH POLICIES. WE DO NOT GUARANTEE SECURITY OF YOUR DATA OR INFORMATION, WHICH YOU SHARE WITH THE SERVICE PROVIDERS, THROUGH THEIR MICRO APPLICATIONS.
LIMITATION OF LIABILITY
You expressly understand and agree that Zvolv, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Zvolv Platform;
(b) the cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Zvolv Platform;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the Zvolv Platform;
(e) or any other matter relating to the Zvolv Platform.
Your sole and exclusive remedy for any dispute regarding the Zvolv Platform, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards the use of the Zvolv Platform in the previous three (3) months. You may use the Zvolv Platform to interact, communicate and/or deliver services to your customers. Further, your customers may have the right to modify and add Content as well. We have no responsibility to your customers or their actions, and shall not be liable for any claims which may arise out of your relationship with your customers. You shall indemnify us against any claims which may out of your interactions with your customers or actions of your customers pursuant to your use of the Zvolv Platform.
You agree to indemnify, defend, and hold harmless Zvolv, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
(a) any Content you submit, post, transmit, or make available through the Zvolv Platform or any other service provided by us;
(b) your use or misuse of the Zvolv Platform;
(c) your connection to and use of the Zvolv Platform;
(e) your violation of any rights (including intellectual property rights) of a third party.
CHANGES TO THE Zvolv PLATFORM
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Zvolv Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Zvolv Platform.
TERM AND TERMINATION
You may terminate your account and end your use of the Zvolv Platform at any time. We have the right (at our sole discretion and without any liability to you) for any reason to:
(a) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Zvolv Platform;
(b) remove and discard any Content within any account or anywhere on the Zvolv Platform; or
(c) shut down an account, with or without notice.
GOVERNING LAW AND DISPUTE RESOLUTION
Notwithstanding anything provided herein, under no circumstances the Company or this Platform is liable for any damage or loss due to deficiency in performance of the Services or this Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, change in law, government order or regulations, other equipment failures, electrical power failures.
The Zvolv platform makes available a Payment Gateway through its approved payment processing provider(s). As a Service Provider, your use of the Payment Gateway will be subject to receiving an approved status by the Company and/or the payment processing provider(s), fulfilling the documentation and other requirements of the approved payment processing provider(s) and adhering to the terms and conditions of use prescribed by the payment processing provider(s). Please contact us at firstname.lastname@example.org to understand if you qualify to avail of this service. You acknowledge and understand that the payment gateway services made available through the Zvolv platform are owned, controlled and provided by the payment processing provider(s) and hence, the Company does not warrant and in no way will be liable for the timeliness of such services and the handover of payments through such services.
Who You Are Buying From
The services and products offered on the Zvolv platform are not available to persons under the age of 18 or to anyone previously suspended or removed from the platform by the Company. By accepting these Terms & Conditions or by otherwise using the platform, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Platform. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
Pricing and Availability
The Zvolv platform offers a convenient and secure way to make payments towards products and services bought from the service providers on the platform. But the Company is not a warrantor, insurer , or guarantor of the products or services to be provided by the Service Providers. The Company does not control the inventory or its availability and pricing. Any disputes regarding the purchased product or service must be handled directly between the Member and the Service Provider. If the amount you pay for a product or service is incorrect regardless of whether because of an error in a price posted on the platform or otherwise communicated to you, the Company will have the right to cancel that transaction and refund to you the amount that you paid. This will apply regardless of whether this is because of any human error or a transactional malfunction on the platform.
Billing Information Verification
In using the Zvolv platform to pay for products/services, you agree to: Provide true, accurate, current and complete information about yourself and your account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the platform (or any portion thereof). The Company assumes no responsibility and shall incur no liability if it is unable to complete the payment on Payment Date owing to any one or more of the following:
(a)If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
(b)If the Payment Account has insufficient funds/limits to cover for the payment amount.
(c)If your Bank refuses or delays honoring the Payment Instruction(s)
(d)If payment is not processed by the Service Provider upon receipt.
(e)Circumstances beyond the control of the Company (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force) In case the transaction payment is not effected for any reason, you will be intimated about the failed payment by an e-mail or via a message on the Zvolv app/website or SMS Some transactions will be processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for transactions that can delay processing and delivery. In these cases, Zvolv customer service will attempt to contact you, using the information provided at the time of purchase. If the Company is unable to reach you after its initial attempt, the Company may cancel your transactions.
Internet handling fees and Order Processing Fees
Products and services purchased on Zvolv may be subject to a per transaction internet handling fee and a non-refundable per order processing fee. The Company and/or the Service Providers on the platform reserve the right to charge a service fee or any other additional charge from the member, in addition to the fees for availing the products or services. Fees structure can be revised by the Company or Service Providers hosted on the platform.
If you do not receive a confirmation number (in the form of a confirmation page or email or SMS or in-app notification) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same from your transaction history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. The Company will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Cancellation, Replacement, Refund, Dispute Policy
Occasionally, orders are canceled or postponed by the service provider. Should this occur, we will attempt to contact you and refund the amount as per the policy of the service provider. Before making any purchases on the Zvolv platform, carefully review your transaction details. The Company will be unable to process exchanges or refunds after a product or service has been purchased or for lost, stolen, damaged or destroyed products, unless the Service Provider refund policy allows for it. Refund eligibility depends on the Service Provider offering the goods/ service on Zvolv platform. Individual Service Providers on the Zvolv platform can have different refund policies. In case it is applicable, refund policy of the individual Service Providers will supercede the generic Refund policy of Zvolv. The Member can write to us at email@example.com or chat with Zvolv support on our app for any of the issues pertaining to refund, chargeback, dispute, unfulfilled order,etc. Our support team would actively engage the concerned Service Provider and connect the Member to resolve the same. The policy applies to the products or services where payment has been made via Zvolv. All Refunds, if allowed, will be credited back to the payment instrument used by the Member to complete the payment. It will take 3-21 days for the money to show in your bank account depending on payment participants involved in the payment, including, but not limited to your bank, payment gateway, bank used by payment gateway. In case of delay in refund getting credited to your bank account or any other payment instrument used by you to complete the payment, the Zvolv support team has the right to ask for bank account details to resolve the issue with the payment gateway. The Zvolv support team can ask you to raise a chargeback with your bank in case there is no resolution or if the money is not credited by your bank to your account. The Member agrees to cooperate with the team and follow the process to raise a chargeback to resolve the issue. The Company is not responsible for any delay in the process of raising the chargeback and the Member agrees not to hold the Company liable for the delay in the same.
If you need help regarding your order or any other issue, the best in the company is available. We guarantee a response time of one working day and you can reach our customer service department at firstname.lastname@example.org
QUESTIONS AND SUGGESTIONS