This application under the name and style “Zadinga” (“App”) is developed and made available by Nowfloats Technologies Private Limited [CIN: U72200AP2012PTC080822], located at 3rd floor, Sreshta Marvel, Sy.No.136, Kondapur Main Road, Gachibowli Hyderabad 500032, Telangana, India and which may mean and include any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation, from time to time (“Company”, “we” or “us” or “our”).
OVERVIEW OF THE SERVICES
We are, inter alia, engaged in the business of providing inventory management, invoicing /billing and payment processing services to various merchants and proprietors through the App and our website at https://www.zadinga.in (“Services”). These Services offered by the App, 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 scan the barcodes of any products which is, or may become part of your stock for sale (“Your Products”) and 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 the App.
(b) Payment Processing: Based on the Subscription Plan (as defined hereinafter) as selected by you, you would be able to process payments from your customers (“Your Customers”) 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 your successful 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 connect with 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 Your Customers through our Services and also be able to enter, update and view the contact details of Your Customers. 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.
ACCEPTANCE OF TERMS
REGISTRATION AND ELIGIBILITY
Registration as a User is only a one-time process and if you have been previously registered, you shall login / sign into your account using only the OTP as received in your e-mail or your mobile number. On completion of the registration process, you may be required to provide certain additional information for receiving updated benefits from the Services.
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 that is the name of another person with the intent to impersonate that person;
(c) use the Registration Details or the Zadinga account 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.
We reserve the right to refuse registration of or cancel any such Registration Details in
our sole discretion, or terminate the provision of the Services, if found guilty of abusing
the above provisions. You are solely responsible and liable for all the activities that occur on your Zadinga account and shall be responsible for maintaining the confidentiality of
your Registration Details and the OTP. You will immediately notify us of any
unauthorized use of your Zadinga account or your Registration Details, or other account
related security breach of which you are aware or made aware of.
Only persons who can form legally binding contracts under Indian Contract Act, 1872
may register and avail Services. Persons who are ‘incompetent to contract’ within the
meaning of the Indian Contract Act, 1872 including without limitation, un-discharged
insolvents are not eligible to avail the Services. If you are a minor i.e. under the age of 18
years, you cannot register and avail the Services. We reserve the right to terminate your
registration and / or refuse to provide you with access to the Services if it is brought to
our notice or if it is discovered that you are incompetent to contract.
The subscription of the Services is not transferable, i.e., only the person on whose name the subscription is made will be eligible to avail the Services at all times.
CONTENT AND USER SUBMISSIONS
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 shall also ensure that the Contents/User Submissions applicable are as per the content guidelines developed by us from time to time, which can be accessed at [=] (“Content Guidelines”). You shall be liable for any breach and/or threatened breach of these Content Guidelines, either by you or any of Your Customers.
location information, logos, images, videos, audio clips, comments, information, data,
text, photographs, software, scripts, graphics, and interactive features generated,
provided, or otherwise made available by you on or through the Services that relates to
Your Products, Your Customers and/or your business in general. Any such Content
added, created, uploaded, submitted, posted for availing the Service by Users is
collectively referred to as, “User Submissions.”
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.
At present, we charge for the Services in INR (Indian Rupees). The quantum of the charges would, inter alia, depend upon the plan opted by you (“Subscription Plan”) i.e. whether the Subscription Plan is opted to avail all, or part of the Services provided by us. Our Subscription Plan varies between a free plan and premium plan. These charges are typically on per day basis and applicable charges will be mentioned at the time of purchase of the Subscription Plan. These applicable charges are also subject to a periodic review and revisions at our sole discretion and such revisions may be intimated to you as and when required. Please note that your network operator may also separately charge you for data and other usage.
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
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.
UPGRADES, REFUNDS AND CANCELLATIONS
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.
You may be eligible for any refund for any payments made for any Subscription Plans within 48 (Forty-Eight) 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 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.
CONDITIONS TO USE
The Services will be provided on best efforts basis. We will make reasonable efforts and shall endeavour that you are able to use the Services without undue disruption, interruption or delay.
By creating a Zadinga account, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by following the unsubscribe link or instructions provided in any email and/or text we send. You will, however, still continue to receive important updates with regards to your Zadinga account.
When you avail the Services, you agree that you are involved in the transmission of
sensitive and personal information, including but not limited to your User
Submissions/Content/Registration Details (collectively “SPI”). You agree and consent to
the Company collecting, using, storing and processing the above stated information, in
We disclaim any responsibility for any harm resulting from anyone’s use, viewing, or
downloading of the Content/User Submissions. If you access or use any Content/User
Submissions, you are responsible for taking precautions as necessary to protect yourself
and your computer systems from viruses, worms, trojan horses, and other harmful or
destructive content and it shall be your sole responsibility for uploading, adding or
sharing the Content/ User Submissions. You also agree that we shall not be liable for any
damages that may result from your use and/or misuse of the Content/User Submissions.
RULES AND CONDUCT
As a condition of use, you represent and warrant not to use the Service for any purpose
are responsible for all of your activity in connection with the Service. Additionally, you
shall abide by all applicable local, state, national and international laws and regulations
and, if you represent a business, any advertising, marketing, privacy, or other self-
regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party) to take any action or publish any information that:
(a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
(b) you know is false, misleading, untruthful or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as solely determined by us in its sole discretion;
(d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
(e) involves commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(f) contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any of our system, data, password or other information or any third party;
(g) impersonates any person or entity, including any of our employee or representative;
(h) includes anyone's identification documents or sensitive financial information; or
You shall not (directly or indirectly):
(a)take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure;
(b)interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
(c)bypass any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
(d) run any form of autoresponder or “spam” on the App or the Service;
(e) use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
(f) harvest or scrape any content from the Service;
(g) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Service Content, except as expressly authorized by us;
(h) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
(i) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
(j) not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
(l) not make false or malicious statements against the Services or us; or
(m) otherwise take any action in violation of our guidelines and policies.
By using the Services, you represent and warrant that:
(a) You are 18 years of age or older and that your use of the App or the Service shall not violate any applicable law or regulation;
(d) You shall ensure that the requisite information provided by you to us for the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and
(e) You will not use the Services for any unlawful purposes, or in furtherance of illegal activities.
The Sub Domain allows you to collect payments from your customers. For collecting any
payments from Your Customers, you may integrate your Sub Domain with a payment
processor/payment gateway of your choice or you may choose to use the payment
terms and conditions of such payment service providers. You further agree that we shall
not be liable for payment related issues and frauds including but not limited to:
(a) lack of authorization for any transaction/s, or
(b)any payment issues arising out of the transaction, or
(c) any payment issues arising out of the transaction, or
(d) decline of transaction for any other reason/s.
Marketing Communication to Your Customer:
We shall provide You a facility through which we shall send communication to Your Customers through whatsapp and/or other means(“Communication Facility”) for the purposes of marketing and promotion of goods and/or services provided by You(“Marketing Communication”).
Subject to obtaining the Your Customer’s consent You hereby agree that the Company may send communication about the transaction, products and/or services’ on its behalf.
For the purposes of availing the Communication Facility, You shall submit the details of
Your Customer on the App in such form and manner as may be required by the App.
You shall implement all necessary measures as may be recommended by the Company
and/or required under applicable law from time to time and make available to Your
Customer, at all times, the option to discontinue receiving any Marketing Communication
at any time and upon such discontinuance, You shall forthwith discontinue sending such
Marketing Communication to such customer.
You hereby agree and acknowledge that the Company may use the name, trademark, trade
any Marketing Communication with Your Customer.
You agree to indemnify and keep the Company, including its principals, licensors, affiliates,
associates, representatives, agents and service providers, indemnified from all claims, losses, damages, penalties, interest, costs and consequences arising from and/or relating to
and/or in connection with Marketing Communication, including but not limited to any
subscription and/or discontinuance by Your Customer of Marketing Communication, at all
THIRD PARTY SITES AND SERVICES
The Services may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the Services. When you access any websites by the Partner Service Providers, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with our operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Services; what content you access via the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
You release us from all liability for you having acquired or not acquired through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
The App, Service, and Content link are provided "as is", "as available" and are provided
without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and
fitness for a particular purpose, and any warranties implied by any course of performance
or usage of trade, all of which are expressly disclaimed, save to the extent required by
law. We should also have a disclaimer for any third-party service. It must state that the
service provided by the third party is provided by NF on an as is basis and NF does not
provide any warranty with regards to any service including but not limited to the service
of adding product description. The Merchant shall be solely responsible for the accuracy
of the description of the product it sells through the App.
LIMITATION OF LIABILITY
All of our liability, or that of our directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the Services, is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that our liability or that of any of our directors, employees, agents, representatives, partners, suppliers has arisen, the total of such liability shall be limited in aggregate to Indian Rupees One Thousand only (INR 1000).
We will not be liable or responsible for:
(a) Any instance where a transaction is unable to be completed or does not fructify;
(d)the Services not meeting your individual requirements or the Services containing defects or errors or deficiencies, as the Services has not been developed specifically for you. It is your responsibility to ensure that you use and utilize the Services if the facilities and functions of the Services meet your requirements;
(e)any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Services.
(f)any Content/ User Submission that may be submitted you.
Additionally, by utilizing the Services, you understand, acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send using our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
To the maximum extent permitted by applicable law, in no event shall we, or our directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not we, or our directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to Services, or the Content/ User Submissions for:
(a) the use or the inability to use the Service;
(b) indirect, remote or consequential losses or damages;
(c) loss of actual or anticipated profits;
(d) loss of revenue;
(e) loss of goodwill;
(f) unauthorized access to or alteration of your transmissions or loss of data;
(g) loss of anticipated savings;
(h) wasted expenditure;
(i) cost of procurement of substitute goods or services; or
(j) any other matter relating to the Services.
Without prejudice to the foregoing, none of our directors, employees, agents, representatives, partners, suppliers or content providers shall be personally liable for any action in connection with the Services.
COPYRIGHT AND TRADEMARKS
Copyright in works contained in the App, including but not limited to all Content, features, functionality software, design, text, sound recordings and images, are our exclusive property, or licensed by us, except as otherwise expressly stated. Your accesss hall only be limited to your use of the Services offered.
All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to us. 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.
(a)not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the App or any of its components;
(b)not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
(c) not make false or malicious statements against the Services or the App or us;
(e)not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet;
(f) not use the Services in a way that could damage, disable, overburden, impair or compromise the quality of the Service, our systems or security or interfere with other users;
(g) not carry out reverse engineering in respect of the hardware or software underlying the Services or any part thereof; and
(h)comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Services, which may include but is not limited to not using the Services in a country where the use of the Services is unlawful.
be admissible in judicial or administrative proceedings based upon or relating to these
documents and records originally generated and maintained in printed form.
of Use shall be deemed to grant any rights or benefits to any person, other than us and
you, or entitle any third party to enforce any provision hereof, and it is agreed that we do
as per any applicable law.