Welcome to Zadinga!
The terms and conditions as set out herein (“Terms”) constitute an agreement between NowFloats Technologies Private Limited (“we”, “us”, “our” or “NowFloats”), which owns and operates Zadinga (defined below) and a natural or legal person who accesses and/or uses Zadinga in any manner (“you” or “your” or “Merchant” or “Seller”) or uses any current or future service or functionality or offer made available on Zadinga (“Service(s)”), as updated from time to time.
For the purposes of these Terms: (a) “Zadinga” means the website https://www.zadinga.in/, which include its corresponding mobile application / website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ websites/ tablets and digital modes as provided by us; and (b) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
Your credentials shared by you at the time of registration and your Zadinga login ID and password are referred to as “Account Information”.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on Zadinga and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. You can access and update much of the Account Information you provided us with in the “Your Account” area of the website.
Notwithstanding anything contained herein or under the Content Guidelines, you shall not:
(a)provide any false personal information to us (including a false/fraudulent Registration Details) or create any account for anyone other than yourself without such person's explicit permission;
(b) use the Registration Details or the Account Information that is in the name of another person with the intent to impersonate that person;
(c) use the Registration Details or the Account Information that is subject to any rights of a person other than you without appropriate authorization; or
(d) use the Registration Details that may be or is offensive, vulgar, obscene or otherwise unlawful.
The Services offered by Zadinga, including on-ground/in-person support assistance is facilitated by our personnel (“Personnel”), partners and/or third-party service providers (“Partner Service Providers”). Please note that we only act as an intermediary between you and the Partner Service Providers for the provision of Services. Such Services provided through the Partner Service Providers shall be provided on an “as is” basis and we shall not be made responsible and/or liable for any performance and obligation of such Partner Service Providers including any warranty for the services provided. You shall be solely liable for any claims and obligations arising out of availing the Services as provided hereunder. The Services includes the following components:
(a)Inventory Management: You would be allowed to create your inventory list by scanning the barcode of products or selecting the items from the items available on the ready-made catalogue or adding in the details manually. The inventory created by you may become part of your stock for sale ("Your Products"), you may upload details and description such as nature, quantity, price, photo of Your Products. In addition, we will provide you with real time reports and dashboards for managing Your Products. Please note that we shall not be liable or bear any responsibilities of any claims arising out of Your Products, displayed in Zadinga.
1. You are required to verify the details of the products including the name, weight, price, image, declarations etc and NowFloats would not be responsible for any mismatch or inaccuracy in the details captured while creating the inventory list using the Zadinga platform.
(b) Payment Processing: Based on the Subscription Plan (as defined hereinafter) as selected by you, you would be able to process payments from the Buyer(s) either through cash payment or credit/debit cards or through UPI or any other system as may be included or integrated into the Services
(c) POS Device Management: As facilitated by any of our Partner Service Providers and based on your selected Subscription Plan, the Services also include a provision for providing a point-of-sale device (“POS Device”) with the App embedded in it. However, you will be able to use a POS Device only on yoursuccessful completion of a Know Your Customer (“KYC”) verification process as conducted by our Partner Service Provider. Please note that any and all liability arising out of the installation, management, verification and repair of the POS Device shall be dealt directly by such Partner Service Provider of the POS Device and you are required to directly contact them for any fees/charges as made available by such Partner Service Provider.
(d) Hyperlocal Delivery Management: Our Services also allows you to connectwith relevant Partner Service Providers engaged in the business of providing logistic management, for assisting you with any local and hyperlocal deliveries. The obligations and the responsibilities arising out of utilization of these Services shall be as per the additional terms set out by such Partner Service Provider.
(e)Contact Management: You will be allowed to connect with any of the Buyer(s) through our Services and also be able to enter, update and view the contact details of the Buyer(s). These contact details shall be saved alphabetically to enable you to connect with any of Your Customers for any promotional, transactional and service-related information.
(e) Return and refund of Your Products: You may process returns and refunds of the Products, in accordance with your Return and Refund Policy.
However, any licence, permit required under applicable law to store, re-sell Your Products shall be obtained, maintained by you at you premises and be renewed from time to time. Zadinga platform shall not provide you with the necessary licence and permission required to sell Your Products. We do not verify such licences and you shall be solely responsible for obtaining the requisite licence or permit.
All Content and User Submissions, whether publicly posted or privately transmitted, shall be the sole responsibility of the person who originated such user Submissions/Content. We cannot guarantee the authenticity of any such User Submissions, and/or Content which the users may provide about themselves. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Services shall be at your own risk and will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we shall have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) You shall be responsible and liable for displaying of authentic Content/User Submissions while using the Services and we shall have no liability in this regard.
You grant us a worldwide, exclusive and royalty free license to use and reproduce the User Submissions/ Content at our discretion, which may be processed by us or by the Partner Service Providers to provide you the Services.
The Services provided hereunder, contains content specifically provided by us or our Partner Service Providers and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable, whether registered or proposed to be registered (“Service Content”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any such Service Content accessed as part of the Services.
All Service Content is made available as is and without any representations or warranties whatsoever, and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement. You shall not sell, resale, alter, license, rent, or otherwise use or exploit any Service Content for commercial (whether or not for profit) and personal use or in any way that violates any third party right.
Currently, our Services are available only for users based out of India. All charges towards the Services are payable in INR (Indian Rupees). The charges are payable as per the subscription opted by you (“Subscription Plan”). Various options for the Subscription Plan can be accessed at https://www.zadinga.in/pricing .
You may choose to upgrade from a lower tiered Subscription Plan to a higher tiered Subscription Plan, for which you will be charged an “Upgrade Fee”, which shall be the difference between the fee of your current Subscription Plan and the upgraded Subscription Plan. Similarly, on your cancellation of any paid Subscription Plan, your Zadinga account shall automatically downgrade to the free Subscription Plan. Further, any change towards the Subscription Plan may take up-to 2 working days to reflect under the Subscription tab in the Account Information.
You may be eligible for any refund for any payments made for any Subscription Plans within twenty four (24) hours of making such payments. In order for us to process your refund, you would be required to initiate a support request from the App. However, any such request for refunds shall be realised on a best effort basis. Any cancellation or termination done after twenty four (24) hours, the payment fee is non-refundable.
Any cancellation of the Services shall mean cancellation of your Subscription Plan (except in cases of free Subscription Plan), and as a user/subscriber, you will not be charged any fee, provided however, any request for cancellation of your Subscription Plan must be made any time prior to the expiry of 48 (forty eight) hours from the beginning of next billing cycle.
While availing any of the payment methods made available through the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(a) lack of authorization for any transaction/s, or
(b)exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with, or
(c) any payment issues arising out of the transaction, or
(d) declining of transaction for any other reason/s.
You have specifically authorized us to collect, process, facilitate and remit the payments electronically, through UPI, credit/debit cards, prepaid payment cards or direct bank transfer or any other methods of payments as may be notified under applicable laws from time to time.
We reserve the right to charge a separate fee in respect of different categories of users/subscribers.
We may provide you certain part of the Services through Partner Service Provider which may be charged separately. Any accruing costs and/or charges by any Partner Service Provider, any functionalities or features on the App which are chargeable shall be viewable to you, prior to the use of the Services. All statutory taxes for the discharge of Services would be borne by the user/subscriber.
You understand that once you have shared your Account Information and successfully registered on Zadinga, you may receive SMS or email notifications from NowFloats relating to your registration and transactions using Zadinga.
You may also receive such notifications regarding any marketing / promotional activities that maybe available on Zadinga from time to time. By sharing your Account Information and registering on Zadinga and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications, news, updates, offers/ campaign related SMS (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any 6 new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
NowFloats may also send notifications and reminders with respect to the Services on Zadinga. While NowFloats endeavors to provide these notifications and reminders to you promptly, NowFloats does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from NowFloats at any time by following the instructions set out in such communications.
Your use of Zadinga, the Services, and access to the NowFloats Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Zadinga. You will use Zadinga solely for managing inventory, carrying out re-sell of Your Products and processing returns and refunds of Your Products and other services that You shall be eligible for under you Subscription Plan, in accordance with your Return and Refund Policy for your business purposes only as per the Registration details.
You grant to NowFloats a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on Zadinga or the e-Store without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on Zadinga.
Please note that NowFloats at all times reserves the right to refuse your access to Zadinga, terminate/deactivate your account, remove or edit content on Zadinga, at its discretion.
All information, content design, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the e-Store or any of the other Services are the property of NowFloats or its affiliates (“NowFloats Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the e-Store whether or not displayed on the e-Store, are proprietary to NowFloats.
NowFloats may display on the e-Store any third-party logos, trade names, trademarks of other brands, as per the license granted to NowFloats by such brands.
During the course of your registration on and usage of Zadinga or availing the Services, NowFloats may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
All Intellectual Property Rights contained in Zadinga including the goodwill of Zadinga, are proprietary of NowFloats. Content, features, functionality software, design, text, sound recordings and images, are our exclusive property, or licensed by us, except as otherwise expressly stated. Your access shall only be limited to your use of the Services offered.
No information, code, algorithms, content or material from the Services provided may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
NowFloats will try to make access to and use of Zadinga error-free and without interruptions. However, your access to Zadinga may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Zadinga. NowFloats does not take responsibility for any access or usage problems that arise from internet related issues at your end.
All information in relation to the Content/ User Submissions is sole responsibility of you. NowFloats, in its capacity of technology service provider, is not endorsing Content/ User Submissions and is not responsible for any errors and representation nor is it associated with it and you shall be liable for any liability arising due to the Content/ User Submissions.
The Services included on Zadinga are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. NowFloats does not covenant or provide any representations and warranties:
a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Zadinga;
b)that the Services will be made available at all times;
c) that the operation of Zadinga, including the functions contained in any content, information and materials on Zadinga or any third-party sites or services linked to Zadinga will be uninterrupted, or that the defects will be rectified, or that Zadinga or the servers that make such content, information and materials available are free of viruses or other harmful components; and
d) that the NowFloats Content available on Zadinga is complete, true, accurate or non-misleading.
To the extent permitted by applicable law, NowFloats disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Zadinga.
NowFloats is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
You will not do any of the following:
a)Delete or modify any content on Zadinga, such as any information regarding the Services, their performance;
b) Reverse engineer Zadinga to create an app /platform to create any technology identical or similar to that of Zadinga;
c) Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Zadinga;
d) Make false or malicious statements against the Services, Zadinga or NowFloats;
e) Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Zadinga and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Zadinga and/or the Services;
f) Introduce any trojans, viruses, any other malicious software, any bots or scrape Zadinga for any information;
g) Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
h) Hack into or introduce malicious software of any kind onto Zadinga;
i) Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
j) Use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
k) Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Zadinga, any information that:
a)belongs to another person and to which You do not have any right;
b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
c) harms minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonates or defames another person; or
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Each time you access or use Zadinga, you represent and warrant to us that:
a)you are competent to enter into a legally binding contract under the Indian Contract Act, 1872;
b) you are in compliance with all central, state and local laws, rules and regulations applicable in the relevant jurisdiction in India or anywhere else in the world, in relation to the use of Zadinga and the Services availed, transactions carried out, as the case may be, under these Terms;
c) you have obtained and maintain all licenses, permits, approvals, consents, registrations under applicable laws in relation to the use of the Services and the transactions carried out in connection thereto;
d) you are compliant with the provisions of all applicable laws, including (i) the Central Goods and Services Tax Act, 2017 and State Goods and Services Tax Acts, 2017 and rules and regulations formulated thereunder; and (iii) laws relating to QR codes etc.
e) performance under these Terms does not and will not conflict with, violate, or result in a breach of any provision of any other contract or agreement to which you may be bound; there are no litigations, actions, claims, disputes or proceedings pending or threatened, which if decided adversely against such you would interfere with the performance of these Terms;
f) performance under these Terms does not and will not conflict with, violate, or result in an infringement of the intellectual property of any third Party;
g) you will act fairly and not misuse Zadinga features or Services that are made available to you under these Terms.
h) you are is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the Government of India (e.g., the Ministry of Home Affairs and the Ministry of External Affairs’ List of Banned Organizations, US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
In no event shall NowFloats Representatives be liable for:
a) the use or inability to use Zadinga and/or the Services;
b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Zadinga;
c) any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
d) any other matter relating to Zadinga or the Services.
(i) contraband products or items comprising of contraband products;
(ii) counterfeit products;
(iii) intoxicants, including, drugs, alcohol or products containing intoxicants;
(iv) products containing tobacco, including cigarettes, beedis, or chewing tobacco;
(v) products comprising of human body parts, blood or medical implants;
(vi) products comprising of or claiming to comprise of human hormones or substances which may alter or claim to alter human hormones;
(vii) products which are purport to be miracle cures, including unsubstantiated cures, remedies or other items marketed as quick health fixes;
(viii) erotic products, sex toys or other products intended to be used for the purposes of sex or erotica;
(ix) products containing pornography or objectionable pictures of any person;
(x) products containing objectionable pictures or other contents in relation to minors;
(xi) products containing any content that may deemed to be obscene, violent, offensive or sexual under applicable law and / or basis NowFloats’ sole judgement;
(xii) arms, ammunition (in whole or in part) or related thereto;
(xiii) imitation firearms airsoft guns, air guns, air weapons, BB guns and other products deemed illegal for sale through e-commerce under applicable laws;
(xiv) weaponry, explosives and offensive weapons, including spear guns, crossbows, mace and black powder;
(xv) pyrotechnics, fireworks, fire crackers, or explosive material of any nature;
(xvi) razors, blades, knives, knife blades, swords, axes, daggers and any products with sharp edges made for the purpose of, or capable of being used for, causing injury; excluding knives manufactured for the use as kitchen knives, folding blades of 3 inches or less which are unlockable or are a part of a multi-tool device, craft and electric carving knives;
(xvii) live animals, insects, or sentient beings of any kind;
(xviii) products which consist of plants, animals, insects or sentient beings of any kind, the offer or sale of which through e-commerce is prohibited or restricted under applicable laws, for instance jewellery consisting of ivory;
(xix) products which are defective or have been recalled by the manufacturer, or maybe potentially recalled, for instance faulty electronic products;
(xx) products imported into India in violation of the applicable laws;
(xxi) cable descramblers or black boxes including devices intended to obtain cable and satellite signals for free or in violation of applicable laws;
(xxii) products or contents which infringe the intellectual property rights of any persons;
(xxiii) products or services which incite, encourage or solicit violence, intolerance, hatred, or any activities prohibited under applicable laws or against public policy, for instance, offensive products that defame or slander any person or groups of people based on race;
(xxiv) products that are prohibited for being offered, shipped or sold under applicable laws, for instance products in connection with child pornography;
(xxv) products that are against public policy, for instance products promoting terrorist activities;
(xxvi) products that are prohibited or restricted from offer or sale through e-commerce, or any products which contains ingredients which are prohibited or restricted, for instance products containing banned narcotics;
(xxvii) pharmaceuticals, medicinal drugs, medicines or any products deemed to be medicines / medicinal under applicable laws;
(xxviii) medical appliances or devices or products of similar nature;
(xxix) surveillance product having night vision;
(xxx) any other product that NowFloats may fradudeem unfit for the purpose of offer, listing, shipping, or sale through e-Store, powered by Zadinga.
(i) products purporting to be or likely to be construed as the official merchandise of the Government of India or any Indian State Government, or any other sovereign Government or products, for instance an uniform issued by an Indian State Government to its employees;
(ii) products that have been used prior to their listing or sale through e-Store;
(iii) products which by their nature require any license, certification or any other permit under applicable laws to be listed, offered or sold on e-Store, for instance food products without appropriate certifications and labelling as required under the Food Safety and Standards Act, 2006;
(iv) tickets or entry passes to any concerts, movies, or events of any nature;
(v) surveillance products, including products intended to be used for the purpose of monitoring, tracking, or observing persons or things; and / or
(vi) any other product, as may be prescribed from time to time.
(i) terminate your account with Zadinga;
(ii) suspend your account with Zadinga for such period as decided by NowFloats;
(iii) remove the particular listing;
(iv) restrict your access and use of e-Store, including imposing restrictions on your listing of Products;
(v) notify the violation to relevant authorities; and / or
(vi) any other action available under applicable laws, the Terms of Sale or other policies and / or instructions prescribed by NowFloats.